Blogs

A U.S. First: Juror Gets Jail in Fallout Over His 'Friending' of Defendant

At a recent presentation during which I reviewed a number of cases and court rule changes regarding juror use of social media and the Internet during trial, an audience member asked me why American courts appeared to be so lax in the face of such juror misbehavior, such as the Texas case in which a juror who sent a "friend" request to the defendant in a personal injury case

Jurisdiction: 

Content Type: 

Subject Area: 

Can AP's Copyright Claims Hold (Melt)water?

By now you might have heard about the lawsuit that the Associated Press filed against on-demand software company Meltwater News.

Jurisdiction: 

Content Type: 

Subject Area: 

The Danger of Secret Legal Memos and an Unchecked Executive

Shortly after the Obama Administration authorized the killing of U.S.-born cleric Anwar al-Awalki in early 2010,

Jurisdiction: 

Subject Area: 

How Much is a Twitter Account Worth? (And Is It Enough to Keep You in Federal Court?)

While doing some research on recent media law suits here at the CMLP, I came across a particularly interesting case involving a dispute over the ownership of a Twitter account: PhoneDog, LLC v. Kravitz.

Jurisdiction: 

Subject Area: 

The Curious Case of the D.C. District's Anonymity Orders

Magnifying glass and reflection by ◄bl►

Just before Christmas 2011, a federal magistrate working under D.C. District Court issued a… curious ruling. The case is Hard Drive v. Does 1-1,495, another one of these mass-joinder copyright-infringement cases. I recommend hitting that link for the full story, but here's the basic sketch:

Jurisdiction: 

Subject Area: 

We're Live, So Could Someone Please Wake Justice Ginsberg?

A bit of good news for those of us keen on open government: The Senate Judiciary Committee today voted 11 to 7 to allow television cameras into the Supreme Court.

Jurisdiction: 

Content Type: 

Subject Area: 

See No Evil: Study Says Judges Don't Find Jurors Using Social Media

The Federal Judicial Center has released a study which concludes that "detected social media use by jurors is infrequent, and that most judges have taken steps to ensure jurors do not use social media in the courtroom," and implies that juror use of the Internet and social media during trial is not a growing problem.

Jurisdiction: 

Subject Area: 

Won't Somebody Please Think of the Children?: A Few Modest Thoughts on Mass. Senate Bill No. 785

On February 7, 2012, the Joint Committee on the Judiciary of the Massachusetts Legislature will hold a hearing on Massachusetts Senate Bill No.

Jurisdiction: 

Subject Area: 

Why Twitter's New Censorship Tool Isn't As Bad As It Seems

Last Thursday, Twitter announced that it would start censoring tweets by denying access to specific tweets in countries where those tweets would be illegal.  Naturally, this has caused a lot of concern online

Subject Area: 

CMLP ANNOUNCEMENT: Amicus Brief Filed Regarding Intersection of Trademark Law & Freedom of Speech

On January 18, 2012, the Citizen Media Law Project (under its new name, the Digital Media Law Project -- new website coming soon) filed an amicus brief in the Massachusetts Appeals Court in Jenzabar, Inc. v. Long Bow Group, Inc., No. 2011-P-1533. 

Jurisdiction: 

Subject Area: 

Bloggers and Shield Laws II: Now, You Can Worry

A few weeks ago, I wrote that bloggers should not be too concerned about a decision by a federal judge in Oregon that blogger Crystal Cox is not protected by Oregon's reporters' shield law in a defamation suit.

Jurisdiction: 

Subject Area: 

In Case You Missed It the First Time, Supreme Court Police Reenact Cohen v. California

Say you're in law school, and your professor gives you the following hypothetical:

Jurisdiction: 

Content Type: 

Subject Area: 

SOPA/PIPA Protest Day is Over, But the Battle is Not

The day of protest against the now (hopefully) infamous "Stop Online Piracy Act" (SOPA) and "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" (PROTECT IP Act, or PIPA) has ended.  Baffled students can once again access Wikipedia to do their homework; the Google doodle is no longer black

Jurisdiction: 

Subject Area: 

NewsRight: Rest Easy, We Won't be Righthaven 2.0

Looking to make their brand “a little more memorable,” the News Licensing Group is now NewsRight – and is billing itself as an “easy rights clearinghouse for the best news reporting and original journalism on the Web.”

Jurisdiction: 

Content Type: 

Subject Area: 

Everybody's Public to Somebody?: Social Media and the Public/Private Divide

facebook

First Amendment doctrine is sort of obsessed with the idea of a public/private divide – the idea that we can clearly slice society up into those things that are "public" (about which we want robust discussion, so we protect that discussion with the Bill of Rights) and those that are "private" (less societally important, so less protected).

Jurisdiction: 

Subject Area: 

A New Heavyweight Steps in the Ring as Round 2 Begins in Obsidian v. Cox

Given the hoopla it caused a few weeks ago, you may already be aware of the somewhat notorious ruling in the Obsidian Finance Group v.

Jurisdiction: 

Subject Area: 

Promoting Vetted News Content on Social Media (or, How Not to Give Your Lawyer a Heart Attack)

By now, it is a given that many journalists have a regular presence on social networking services. The value of social media for gathering information, developing the journalist’s public persona, and promoting the journalist’s work is well-recognized.

Jurisdiction: 

Subject Area: 

Want to be the New Righthaven.com? Just Three Shopping Days Left!

It's been a few months since we've checked in with everyone's favorite copyright troll, Righthaven. 

Jurisdiction: 

Subject Area: 

Pages