Audio

Marshals v. ahowardmatz.com

Threat Type: 

Criminal Charge

Date: 

07/09/2010

Party Receiving Legal Threat: 

Author of the site.

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

Jusge A. Howard Matz

Legal Counsel: 

Pro Se

Publication Medium: 

Website

Relevant Documents: 

Disposition: 

Material Removed

Description: 

The nature of the threat is a secret, known only to judge A. Howard Matz and Agent Smith.The complaint was on July 9, 2010. The site was removed on or about October 7, 2010.

Content Type: 

Jurisdiction: 

Subject Area: 

Massachusetts v. Peyton

Threat Type: 

Criminal Charge

Date: 

12/01/2007

Party Receiving Legal Threat: 

Emily Petyon

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Legal Counsel: 

American Civil Liberties Union

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

In December 2007, Massachusetts authorities charged documentary filmmaker and citizen journalist Emily Peyton with violating Massachusetts wiretapping law after she videoptaped police arresting an antiwar protester in Greenfield, Massachusetts. The ACLU represented Ms. Peyton, and the charges against her were dropped because her recording had not been secretive.

Content Type: 

Subject Area: 

Jurisdiction: 

For Once, Illinois Federal Judge Lets 'Em Roll: And Gets Bulldozed

UPDATE:  Federal District Judge Joe Billy McDade has issued a letter apologizing for allowing cameras into his courtroom to cover a Sept. 15 hearing on a consent decree settling a school discrimination case.

Jurisdiction: 

Subject Area: 

Content Type: 

Cafiero v. Custer

Threat Type: 

Lawsuit

Date: 

08/14/2008

Party Receiving Legal Threat: 

Doug Custer a/k/a Doug Evil

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Western District of Pennsylvania.

Case Number: 

3:08-CV-00202

Legal Counsel: 

Pro se

Publication Medium: 

Blog
Forum
Social Network
Website

Relevant Documents: 

Status: 

Pending

Description: 

John Cafiero, a rock musician and manager of punk bands The Ramones and The Misfits, filed suit against Doug Custer (a/k/a Doug Evil) alleging in his complaint that Custer infringed his copyright by posting an animated video featuring The Misfits on YouTube.com and other websites.  Cafiero also brought a claim of misrepresentation under the Digital Millennium Copyright Act, arguing that Custer lied on his DMCA counter-notification by claiming a copyright interest in the video.

Alongside the copyright allegations, Cafiero alleged defamation and false light arising from various Internet postings Custer allegedly made that criticized Cafiero.  Many of these arose from spoof site Osuka Papsmear, which Cafiero asserts is a Custer blog dedicated to defaming Cafiero and his band Osaka Popstar.

Early in the case, Cafiero received a default judgment against Custer after Custer did not appear or answer the complaint.  Appearing pro se, Custer successfully challenged the default judgment and filed his answer and counterclaims.  Custer's lengthy counterclaims, which discuss Cafiero's business dealings in depth, appear to bring claims of copyright infringement and defamation.  Custer's filings maintain that he himself authored most of the material appearing in the video and that Cafiero reneged on his promises regarding publication and use of the video.

On November 11, 2008, Cafiero filed a motion to dismiss Custer's counterclaims for failure to comply with rules of civil procedure, asking in the alternative for Custer to file a more definite statement.  Custer opposed the motion and filed a more definite statement.

On May 22, 2009, the parties agreed to submit the case to mediation proceedings, and the judge referred the case to mediation on June 1. The defendant consented to appointed counsel for the mediation process only.

On May 28, Cafiero moved to file an amended complaint that would add two more plaintiffs --  Jerry Caiafa (a/k/a Jerry Only), who composed music for the video; and Cyclopian Music, Inc., the owner of The Misfits trademarks. The motion also sought to add counts of copyright infringement arising from use of Caiafa's work; trademark infringement under  Section 32 of the Lanham Act; and false designation of origin and unfair competition under Section 43 of the Lanham Act. The defendant opposed the motion to amend the complaint, asserting that adding more plaintiffs would conflict with the purpose of mediation.

Content Type: 

Subject Area: 

Priority: 

1-High

CMLP Notes: 

Source: Dozier Internet Law

CMF - 6/8/2009

Jurisdiction: 

Threat Source: 

Westlaw Alert

Grogan v. Hilliard

Threat Type: 

Lawsuit

Date: 

05/30/2008

Party Receiving Legal Threat: 

Ralph Hilliard; Joseph Paolella; John Trimarco a.k.a. Jack Trimarco; Jack Trimarco & Associates Polygraph/Investigations, Inc.; Wordnet Solution, Inc.; Does 1-20

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of the State of California, County of Los Angeles

Case Number: 

BC391778

Legal Counsel: 

Joseph Paolella (Pro se); Richard A. Harvey (for John Trimarco and Jack Trimarco & Associates); Bruce Voss & Edgar Johnson - Voss & Johnson (for John Trimarco and Jack Trimarco & Associates); Tim Agajanian (for Ralph Hilliard and Wordnet Solution, Inc.)

Publication Medium: 

Broadcast
Print
Website

Relevant Documents: 

Status: 

Pending

Description: 

On May 30, 2008, John Grogan filed a lawsuit in California state against Ralph Hilliard, John Trimarco, Joseph Paolella, Jack Trimarco & Associates Polygraph/Investigations, Inc., Wordnet Solution, Inc., and several John Does alleging defamation, invasion of privacy (false light), and intentional infliction of emotional distress.  

In his complaint, Grogan alleged that Paolella wrote a letter to Trimarco which contained false, malicious, and libelous statements.  Grogan also alleged that Trimarco called into a radio show that Grogan was a guest on and made several false and defamatory statements.  Finally, Grogan alleged that Hilliard created two websites, PolygraphPlace.com and TheTruthAboutGrogan.org, and used them to repeat the statements Trimarco made during the radio show, to make additional false and defamatory statements, and to link to other defamatory content.

In June and August 2008 respectively, Paolella and Trimarco filed motions to strike the complaint under California's anti-SLAPP law (Cal. Code Civ. Proc. § 425.16).  Trimarco argued that Grogan qualified as a public figure and that the statements involved were statements of opinion.  In August, Hilliard and Wordnet Solutions filed an answer, asserting several affirmative defenses.

In October 2008, the court issued a tentative ruling on Trimarco's motion to strike, finding that Grogan had produced evidence sufficient to avoid dismissal under the anti-SLAPP law. 

The trial is currently scheduled for August 2009.

UPDATE

On or before 5/28/2009, the case settled, according to AntiPolygraph.org and TruthAboutGrogan.org

"The Parties to the Lawsuit filed by Mr. Grogan against Ralph Hilliard and others as entitled Grogan vs. Paollela et. al. Los Angeles Superior Court Case No.: BC391778 ("Lawsuit") has been settled by and between Mr. Grogan, Mr. Hilliard and Mr. Hilliard's Company, Wordnet Solutions, Inc. for an undisclosed amount and that no party in any way admits liability or wrongdoing of any sort and the parties have agreed to settle to avoid the cost and inconvenience of litigation and such settlement shall not constitute an admission of liability by any party".

Content Type: 

Subject Area: 

Priority: 

1-High

CMLP Notes: 

Sent request for documents. {MCS}

avm- 6/15/09- noted settlement but will not move to concluded till i can upload the order

RPK

Jurisdiction: 

Threat Source: 

User Feedback

First Circuit Webcasting Argument Stems From Long History of Rules on Cameras in Courts

On Wednesday, April 8, the First Circuit Court of Appeals in Boston heard oral argument (mp3) on whether a trial of a Boston University student sued for music downloading, Sony BMG Music v. Tenenbaum, should be allowed to be webcast live. Federal district judge Nancy Gertner had agreed to allow the webcast, but the recording industry plaintiffs appealed.

Jurisdiction: 

Subject Area: 

Content Type: 

Unpublished

Blogger Faces Prison Time for Leaking Songs from Guns N' Roses Album

Federal prosecutors are Kevin Cogill, a blogger on Antiquiet, which provides "uncensored music reviews and interviews," is  guilty yesterday in federal court in Los Angeles to one count of misdemeanor criminal copyright infringement after he allegedly posted nine songs from the then unreleased Guns N

Jurisdiction: 

Subject Area: 

Content Type: 

Pressler v. Mills (Lawsuit)

Date: 

01/30/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Scott J. Mills; CAIPNJ a/k/a CAIPNJ.org; CAIPNJRadio

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of New Jersey, Chancery Division, Bergen County

Case Number: 

BER-C-40-09

Legal Counsel: 

Pro se

Publication Medium: 

Blog
Broadcast

Relevant Documents: 

Status: 

Pending

Description: 

Sheldon H. Pressler, a principal of the law firm Pressler & Pressler LLP, sued Scott Mills, publisher of the CAIPNJ blog, for defamation in New Jersey state court.  The complaint also named CAIPNJ.org and CAIPNJRadio as defendants.  Pressler alleges that Mills made false and defamatory statements on his blog and Internet radio show about Pressler and his business activities.  Pressler has moved the court for an order permanently enjoining the defendants from libeling him, requiring them to publish a retraction on the first page of the CAIPNJ.org website, and to publicly retract them during radio broadcasts.

Update:

2/5/2009 - The court set a hearing date of March 13, 2009 for a hearing on Pressler's request for a permanent injunction, but denied Pressler's request for a temporary restraint on Mills's publishing activities.

3/12/2009 - Mills filed an answer and counterclaims.

3/13/2009 -- The court denied Pressler's request for an injunction.

Content Type: 

Subject Area: 

Jurisdiction: 

Threat Source: 

User Submission Form

DiAdamo v. Duggan

Threat Type: 

Lawsuit

Date: 

09/29/2008

Party Receiving Legal Threat: 

Thomas J. Duggan, Jr.; Valley Patriot, Inc.; Merrimack Valley Radio, LLC; John Doe 1-2

Type of Party: 

Individual

Type of Party: 

Individual
Media Company

Court Type: 

State

Court Name: 

Superior Court of Massachusetts, Essex

Case Number: 

08-1931D

Legal Counsel: 

Peter Caruso

Publication Medium: 

Blog
Broadcast
Website

Relevant Documents: 

Status: 

Pending

Description: 

Thomas Duggan, who who hosts the "Paying Attention!" radio program on WCAP 980AM in Lowell Massachusetts, was sued by William DiAdamo, a local attorney, over statements Duggan made on his radio program and republished on his blog, Paying Attention! With Tom Duggan, and the website for The Valley Patriot, a monthly newspaper in North Andover Massachusetts.

According to plaintiff's complaint, on August 23, 2008, Duggan broadcast a segment about DiAdamo in which he falsely stated that DiAdamo was, among other things,  "being accused of throwing [a legal] case and has been fired by the City of Lawrence because he is being accused of throwing the case."

On November 24, 2008, Duggan served a special motion to dismiss under the Massachusetts anti-SLAPP law.  Plaintiff served his opposition to the motion on December 5.

Update:

1/12/09 -  Hearing on all motions, including anti-SLAPP, SLAPP-back, Motion to Dismiss Counterclaim, and Motion to Authorize Release of Attorney-Client Privilege, are all scheduled for Monday, January 12, 2009, at 2:00 PM at Lawrence Superior Court.

2/23/09 - Court denied Duggan's special motion to dismiss the lawsuit under the Massachusetts anti-SLAPP law and granted DiAdamo's motion to dismiss Duggan's counterclaim.

Content Type: 

Subject Area: 

Priority: 

1-High

CMLP Notes: 

via Peter Caruso

status checked 6/17/09; no new info - CMF

Jurisdiction: 

Threat Source: 

User Feedback

Blogger Pleads Guilty to Copyright Infringement for Leaking Songs from Guns N' Roses Album

Kevin Cogill, a blogger on Antiquiet, which provides "uncensored music reviews and interviews," pled guilty yesterday in federal court in Los Angeles to one count of misdemeanor criminal copyright infringement after he allegedly posted nine songs from the then unreleased Guns N' Roses album "Chi

Jurisdiction: 

Subject Area: 

Content Type: 

United States v. Cogill

Threat Type: 

Criminal Charge

Date: 

08/27/2008

Party Receiving Legal Threat: 

Kevin Cogill

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California

Case Number: 

2:08-mj-02089

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Convicted

Description: 

Kevin Cogill, a blogger on Antiquiet, a site that provides "uncensored music reviews and interviews," was arrested on August 27, 2008, at his home near Los Angeles on suspicion of violating federal copyright law after he allegedly posted nine songs from the unreleased Guns N' Roses album "Chinese Democracy."

Cogill allegedly posted the tracks on June 18, noting at the time that "I always said that the more that Axl and Geffen jerked around trying to figure out how to release this finally finished album that we’ve all been waiting over 13 years for, the greater the chances would be that it would slip out of a pressing plant or office somewhere and wind up in the hands of some asshole with a blog. So… Hey, I told you so." 

According to Rolling Stone, Cogill said he acquired the tracks from “an anonymous online source,” which he then allegedly made available through a streaming player on the blog.   Within hours, however, the tracks were taken down, but a nine-song zip file containing the tracks is widely available via file-sharing sites

The FBI took an interest in the case shortly after the songs appeared on Cogill's blog, sending two FBI agents to visit him at work and at home, Rolling Stone has reported.  Evidently feeling the pressure, Cogill posted a plea for legal help on August 25, writing that, "more and more each day, it looks like I may be indicted."

Cogill has been charged under 17 U.S.C. § 506(a)(1)(C), which implements the copyright amendments included in the Family Entertainment and Copyright Act of 2005.  The criminal complaint filed against Cogill charges that he "knowingly and willfully distributed a copyrighted work being prepared for commercial distribution, namely nine previously unreleased songs by the band Guns n' Roses, by making the songs available on a computer network accessible to members of the public."  Section 506(a)(1)(C) makes the willful infringement of unpublished copyrighted material a felony punishable by up to three years in prison and up to $250,000 in fines.

Update:

10/20/08 - Cogill entered a plea of not guilty in federal court in Los Angeles

11/10/08 - Wired reports that Cogill intends to plead guilty; plea conference is scheduled for December 8, 2008

12/15/08 - Cogill pled guilty to one count of misdemeanor criminal copyright infringement. Cogill also signed a plea agreement in which he agreed to cooperate with investigators.  He faces a maximum one year of confinement when sentenced in Los Angeles federal court on March 3.

3/1/09 - Prosecutors requested that Cogill be sentenced to 6 months in prison.  Sentencing is scheduled for May 4.

7/14/2009: Magistrate Paul Abrams sentenced Cogill to one year of probation with two months house arrest. The court also ordered Cogill to pay a $25 special assessment and $2,500 in restitution, with interest. 

Content Type: 

CMLP Notes: 

Brittany is working on this one. -- June 2011

Threat Source: 

RSS

Jurisdiction: 

Subject Area: 

Blogger Arrested for Leaking Songs from Unreleased Guns N' Roses Album

Kevin Cogill, a blogger on Antiquiet, a site that provides "uncensored music reviews and interviews," was arrested yesterday at his home near Los Angeles on suspicion of violating federal copyright law after he allegedly posted nine songs from the unreleased -- and highly-anticipated -- Guns N' Roses album "Chinese Democracy."

Jurisdiction: 

Subject Area: 

Content Type: 

NY Law Would Allow Citizens to Record and Broadcast Government Meetings

A bill pending in the New York Legislature would allow the public to photograph, videotape, and audio record public meetings in New York, providing better access to government deliberations and information. It would impose two minor conditions: the photographing or recording activity must not be disruptive, and the public body holding the meeting can regulate where equipment and personnel are located in the room.

Jurisdiction: 

Subject Area: 

Content Type: 

Unpublished

Pending Law in NY Would Allow Citizens to Record and "Broadcast" Government Meetings

A bill pending in the New York state legislature would allow the public to photograph or record public proceedings providing better access to government deliberations and information.  

There are two conditions to this access: people can record and broadcast public meetings as long as their activities are not disruptive and the government board is allowed to regulate where equipment and personnel are located in the room.

The act is an amendment to section 103 of the New York Open Meetings Law (OML) which provides the public with a right of access to the meetings of a large number of government bodies at the state and local level.

Prior to the introduction of this bill, judicial decisions in New York indicated that the public may use recording devices in public meetings. One court concluded that giving recording privileges to the public may provide a better way to document what transpired at a meeting. In the words of the Appellate Division of New York’s Supreme Court in Mitchell v. Board of Education of Garden City Union Free School District,

[a] contemporaneous recording of a public meeting is undoubtedly a more reliable, accurate and efficient means of memorializing what is said at the proceeding. Once the information and comments are conveyed to the public, it should be of no consequence that they may subsequently be repeated, by means of replay, to those who were unable to attend.

Jurisdiction: 

Subject Area: 

Content Type: 

Prince, Radiohead, and the Bootlegging Provision of the Copyright Act

Prince is at it again. We've covered his legal antics before -- his lawyers went after a number of fan sites last November, and Universal Music sent a takedown notice to YouTube last June over a video of a toddler dancing with "Let's Go Crazy" playing in the background.

Jurisdiction: 

Subject Area: 

Content Type: 

Warner Bros. Records v. Music2Nite

Threat Type: 

Correspondence

Date: 

10/20/2007

Party Receiving Legal Threat: 

Music2Nite; Google Inc. (Blogger)

Type of Party: 

Large Organization

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Material Removed

Description: 

Warner Bros. Records sent a cease and desist letter (via Blogger) to Music2Nite, a music blog that had posted materials related to recording artist Madonna. The demand letter not only specified that the blog owner remove a specific post -- Music2Nite primarily posts YouTube videos and links to MP3s of current artists' work or live performances -- it also required Music2Nite to remove all "links, references, and/or artwork associated with Madonna."

The offending post seems to have been removed from the Music2Nite site, but other posts and links to materials related to Madonna remain on the site (see here and here).

Subject Area: 

CMLP Notes: 

Source: Chilling Effects via RSS

 

Jurisdiction: 

Content Type: 

ABC v. Spocko

Date: 

12/21/2006

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Spocko

Type of Party: 

Organization
Large Organization

Type of Party: 

Individual

Legal Counsel: 

Matt Zimmerman (Electronic Frontier Foundation)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Blogger "Spocko" posted audio clips from a talk radio program on San Francisco-based KSFO-AM on his blog in order to criticize what he viewed as racially insensitive and religioulsy intolerant rhetoric on the part of the radio hosts. In December 2006, ABC, Inc., which owned the radio station and the copyrights to the radio show content, sent a letter to Spocko's hosting service, 1&1 Internet Inc., claiming that the posted audio clips violated its copyrights and demanding that 1&1 direct Spocko to remove the content immediately.

After receiving ABC's letter, the hosting service shut down Spocko's blog, but Spocko moved the blog to a different provider. The Electronice Frontier Foundation took on the case and responded to ABC's letter on Spocko's behalf in January 2007. EFF's letter articulated in detail why Spocko's use of the audio clips for purposes of criticizing the radio program was a fair use protected by U.S. copyright law and the First Amendment. The letter warned ABC that its claim that Spocko had violated its copyright could subject the company to liability for knowing, material misrepresentation of a claim of copyright infringement in violation of section 512(f) of the DMCA and for violations of Cal. Bus. & Prof. Code § 17200, a California law prohibiting unlawful, unfair, or fraudulent business practices.

Neither side filed a lawsuit.

Jurisdiction: 

Subject Area: 

Content Type: 

Pages

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