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Ganjavi v. Smith

Date: 

08/03/2006

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Reza Ganjavi

Party Receiving Legal Threat: 

Jeremy Smith; Cindy Smith; William Jennings; Todd Tipton; Deloitte Consulting LLC; Deloitte & Touche USA LLP; Deloitte & Touch Corporate Finance LLC

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California; United States District Court for the Northern District of Illinois

Case Number: 

CV-058619 (California);1:06CV04189 (Illinois)

Legal Counsel: 

Daliah Saper

Publication Medium: 

Forum
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

In 2006, Reza Ganjavi, a musician and record producer in the field of classical guitar, filed suit in federal court in California against several named and anonymous Internet posters.  Ganjavi alleged that the individual defendants posted negative comments about him on various websites and Usenet's classical guitar newsgroup and created websites mocking his website.  Ganjavi also alleged that the defendants fraudulently published text purporting to be his work and used his identity to make offensive and threatening statements, including threatening to kill a person, issuing racial slurs, and expressing sympathy for terrorists. 

In Ganjavi's suit in California, the court order dismissing the case without prejudice indicated that all defendants either were dropped from the case by the plaintiff or filed successful motions to dismiss for lack of personal jurisdiction.

Ganjavi then sued Jeremy and Cindy Smith, Todd Tipton, William Jennings, and Deloitte & Touche in federal court in Illinois over essentially the same facts. Ganjavi named Deloitte & Touche because the company employed Jeremy Smith and he was believed to have made some of the disputed comments from Deloitte's computers (Ganjavi later dropped the company from the suit).

Ganjavi's third amended complaint contained claims for violation of attribution and integrity rights under the Copyright Act (17 U.S.C. § 106A), "false presentation" in violation of the Anticybersquatting Consumer Protection Act (ACPA), false light, appropriation of name and likeness, libel, negligent and intentional infliction of emotional distress, unfair competition, and other state law claims.

The defendants moved to dismiss the lawsuit and for summary judgment on various grounds. In July 2007, the district court granted Jeremy Smith's motion to dismiss the complaint for lack of subject-matter jurisdiction. With respect to the two federal claims, the court held (1) that Ganjavi's federal copyright claim under § 106A did not survive as a basis for federal jurisdiction because that section only applies to works of visual art under § 101 of the Copyright Act, which do not include electronic publications, and (2) that the ACPA claim did not survive because the complaint did not assert that the defendants had attempted to or intended to profit from the alleged wrongful conduct. The court further found that since Ganjavi had not established the jurisdictional threshold amount for the remaining state law claims, it lacked subject-matter jurisdiction to hear the case.

According to Ganjavi's website, he had planned to refile in state court but reached a settlement agreement with the defendants before doing so. 

Jurisdiction: 

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Washington Post v. Tunison

Date: 

04/17/2008

Threat Type: 

Disciplinary Action

Party Receiving Legal Threat: 

Michael Tunison

Type of Party: 

Organization

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Concluded

Description: 

The Washington Post reportedly fired staffer Michael Tunison over profane blog posts on NFL humor blog Kissing Suzy Kolber. Tunison was a regular poster to the blog under the pseudonym "Christmas Ape," and the disciplinary action came soon after he decided to shed his anonymity.

According to Michael David Smith of AOL's "Fan House" sports blog, "Tunison says the Post told him he violated Post standards and discredited the paper by writing a blog post in which he identified himself as a Washington Post writer, linked to the paper three times, included a photo of himself drunk (above) and used profanity."

According to Editor & Publisher, the official Washington Post Stylebook states the policy that the newspaper must avoid any conflicts of interest, or the appearance of conflict of interest. Staffers are expected not to work for anyone except The Post without permission, and to ensure that their private and professional behavior does not bring discredit to their profession or to The Post.

Executive Editor Leonard Downie Jr. confirmed to Editor & Publisher that Tunison no longer worked at the paper and had left his job.  He did not specify if Tunison resigned or was fired.

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Warner Bros. Records v. Music2Nite

Date: 

10/20/2007

Threat Type: 

Correspondence

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).

Jurisdiction: 

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CMLP Notes: 

Source: Chilling Effects via RSS

 

Bauer v. Wikimedia

Date: 

01/31/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Wikimedia Foundation; Jenna Glatzer; MacAllister Stone; James D. MacDonald; Kent Brewster; Ann C. Crispin; Patrick Nielsen-Hayden; Teresa Nielsen-Hayden; Brian Hill; Dee Power aka Harrilane D. Power aka D. Carr Harrilane; David L. Kuzminski; Thomas S

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of New Jersey, Monmouth County

Case Number: 

No. L-1169-07

Legal Counsel: 

Charles LeGrand, Kevin Goering, James M. Chadwick - Shepphard, Mullin, Richter & Hampton LLP; Matt Zimmerman - EFF

Publication Medium: 

Blog
Website
Wiki

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (partial)

Description: 

In January 2008, literary agent Barbara Bauer and her company Barbara Bauer Literary Agency, Inc. filed a lawsuit in New Jersey State court against twenty-two defendants, including the Wikimedia Foundation. The complaint includes claims for defamation, tortious interference with prospective business advantage, and conspiracy. According to court documents, the dispute revolves around statements made on a large number of websites and blogs describing Bauer as being among the "20 Worst Literary Agents" and claiming that she has "no . . . significant track record of sales to commercial (advance paying) publishers." The complaint also alleges that various defendants posted altered photographs of Bauer on the Internet and created YouTube videos, including "Crouching Snark, Hidden Draggon" and "Miss Snark's Happy Hooker Crapstravaganza," that allegedly defamed and belittle her.

With regard to Wikimedia, the complaint alleges that Wikipedia published false statements indicating that Bauer was "The Dumbest of the Twenty Worst" literary agents and that she has "no documented sales at all." It further alleges that Bauer informed Wikimedia about the allegedly false statements, and that the foundation "has refused to remove the statements from Wikipedia." Finally, it alleges that Wikimedia conspired with the other defendants to defame and interfere with her prospective economic advantage, without providing any details.

On May 1, 2008, Wikimedia moved to dismiss the complaint, arguing that section 230 of the Communications Decency Act (CDA 230), the federal law that shields providers and users of "interactive computer service[s]" from liability for defamation and other torts for publishing the statements of third parties, bars Bauer's claims as a matter of law. Wikimedia's memorandum in support of its motion also argued that, even if CDA 230 did not bar Bauer's claim, the underlying statements are protected opinion under the New Jersey Constitution and the First Amendment to the United States Constitution.

On May 20, 2008, WritersNewsWeekly.com wrote that the court will hear Wikimedia's motion to be dismissed from the lawsuit on June 6, 2008.

Update:

7/1/08 - Court dismissed the case against Wikimedia Foundation, ruling that section 230 of the Communications Decency Act barred liability for publishing the statements of others. The court left open the possibility that Bauer could amend her complaint to state a claim against Wikimedia.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/02/08 (AAB)

Updated 1/29/09 - VAF

What Were They Thinking?

As reported by the Trademark Blog, Woody Allen is suing American Apparel for misappropriation of his name and likeness. Admittedly, it's not the heartland of citizen media, but it is a simple lesson on exactly what not to do with celebrity images. 

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Subject Area: 

TechCrunch Sues Facebook for $25 Million!!

Breaking news -- TechCrunch founder Michael Arrington is suing Facebook for unauthorized use of his name and likeness. In apparent disregard of the tech blogger's publicity rights, the social networking giant has been allowing advertisers to post ads on user profiles using Arrington's picture and name to endorse their products without permission.

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New Major League Baseball Restrictions on Press Credentials Hamstring Online Coverage

As an avid baseball fan, I should have been paying closer attention to the recent dispute over Major League Baseball's new restrictions on credentialing journalists who cover MLB games. A nice summary of the dispute on the Reporters Committee for Freedom of the Press' Sidebar Blog awoke me from my slumber.

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Subject Area: 

Karl v. Feinstein

Date: 

02/26/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Andrew Feinstein

Type of Party: 

Individual

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Pending

Description: 

A lawyer for Denver Nuggets coach George Karl has threatened blogger Andrew Feinstein with legal action if he crosses "the boundaries of permissible speech." Feinstein, a frustrated Nuggets fan, created a blog called Fire George Karl, lamenting what he sees as a series of "blown games, losses against sub-.500 opponents, porous defensive performances and incoherent offensive schemes." On February 26, 2008, Karl's lawyer sent Feinstein an email:
Is your life really this boring and meaningless that you would spend the hours necessary to create such a website?

As Coach Karl’s counsel I am putting you on notice that I will sue you into bankruptcy should you cross the boundaries of permissible speech.

Feinstein posted the email on his blog.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/5/2008, no new information.  Feinstein did thank the lawyer for all the publicity the blog got thanks to his threat, though.  (AAB)

Rhode Island Family Court v. Grant

Date: 

08/17/2007

Threat Type: 

Other

Party Receiving Legal Threat: 

Anne Grant

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Rhode Island Family Court; Supreme Court of Rhode Island

Case Number: 

07-334-MP

Legal Counsel: 

Thomas R. Bender (for Grant)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Description: 

Anne Grant maintains a blog, The Custody Scam, where she "writes about official actions that endanger children and parents trying to protect them." Grant used the blog to write about a child custody case involving minors "Sara Doe" and "Mary Doe" (pseudonyms). The blog criticized the manner in which the Rhode Island Department of Children, Youth and Families (DCYF) handled the Doe case. In particular, Grant objected to the DCYF hearing officer's reliance on a theory known as "parental alienation syndrome" to remove the two children from their mother's custody and to place one of them with the father, who had previously been accused of sexually abusing them -- charges that the DCYF held to be unfounded. While the blog entries did not reveal the minors' identities, they did include personal information and photographs of the children.

The family court judge handling the Doe case ordered DCYF to "advise" Grant to remove "any and all written and pictoral information" relating to the children involved, and to "cease publication of the blog as it pertains to these children."

Grant objected to the order and sought to have the Rhode Island Supreme Court vacate it. In her petition, Grant argued that the family court's order violated her due process rights and was an overbroad restraint on her speech. The Supreme Court declined to hear the case without providing an explanation for its refusal, but some speculate that the court refused to review the order because it was directed at DCYF, not Grant.

 

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Hilton v. Persa

Date: 

01/29/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Bardia Persa, Reza Karamooz, Stephen Thomas, Kevin Green, Chazz Hoffman, Nabil Haniss, Nabila Haniss, Green Brothers Limited, John Does 1-10

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California

Case Number: 

CV 07-667-GHK

Legal Counsel: 

Paul S. Berra (for Nabila Haniss)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Injunction Issued
Settled (partial)
Withdrawn

Description: 

Paris Hilton sued Bardia Persa, Nabil Haniss, Nabila Haniss, and a number of anonymous defendants in January 2007 for copyright infringement, publication of private facts, and misapproriation of her right of publicity. The case revolved around a website, Paris Exposed, which offered viewers the ability to view personal materials belonging to Hilton for a fee. According to the complaint, the website contained Hilton's medical records, bank account information, credit card information, contracts and other legal documents, diaries, home videos, and photographs, which she had stored in a storage unit in California. Hilton alleged that the storage facility foreclosed on her unit because of a billing mix-up and then sold the contents at a foreclosure auction. The complaint alleged further that Nabil and Nabila Haniss purchased the materials for $2,775 and then sold them to the operators of the Paris Exposed website for a large sum of money.

Hilton's complaint, filed in federal court in California, alleged copyright infringement based on the defendants' unauthorized distribution and display of three works (apparently poems) created by Hilton -- "Love Letter," "I Can't Take It," and "How Would You Know?". Additionally, it alleged that the defendants had violated her privacy by publishing information contained in Hilton's medical and financial records, private home videos, audio taped conversations, diaries, and photographs, among other things. Finally, it alleged that the defendants misappropriated Hilton's right of publicity by using her name in the name of the website and displaying videos and other material containing her likeness for commercial gain.

In February 2005, when only the Hanisses had appeared in the action, the federal district court granted Hilton a temporary restraining, which barred the defendants from infringing her copyrights, publishing her private materials, and using her name and likeness. In late February 2005, the court granted Hilton a temporary injunction barring Bardia Persa from infringing her copyrights, publishing her private materials, and using her name or likeness. (Prior to the ruling, Hilton had acknowledged that the Hanisses had no part in operating the website.) Persa, apparently a resident of St. Kitts, never appeared in the action.

After the prelminary injunction issued, Paris Exposed shut down operations for a time, but then resurfaced at the same domain name. In June 2007, Hilton amended her complaint to drop Nabil Haniss from the lawsuit and to include claims against Green Brothers Limited, a St. Kitts company that allegedly was running the Paris Exposed website. The complaint also named three new individual defendants -- Karamooz, Thomas, and Green, who were alleged to be connected to the company.

In September 2007, Hilton settled with Nabila Haniss and dismissed the lawsuit against her. In October 2007, Hilton voluntarily withdrew her lawsuit against the remaining defendants, none of whom ever appeared in the action. The Paris Exposed website is still up and running.

Jurisdiction: 

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Commissioner Bob Cranmer v. Voice PAC

Date: 

02/03/1999

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Voice PAC

Type of Party: 

Government

Type of Party: 

Organization

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed

Description: 

Voice PAC, a Pennsylvania "good government" political action committee, carried a satirical piece on its website in which it used a photograph of Bob Cranmar, Commissioner of Allegheny County, that it placed alongside the text.

Commissioner Cranmer and the Allegheny County Law Department wrote to Voice PAC's Internet Service Provider, IDT, and complained that the website gave the false impression that the Commissioner endorsed the text displayed next to his photograph. IDT conveyed the complaint to Voice PAC in a letter dated Feb. 3, 1999. Voice PAC responded to IDT that the article in which the Commissioner's image was featured was political satire and thus protected speech under the First Amendment.

It appears that the article in question was removed from the Voice PAC website.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

The files and site text are the only information available. Both files are text copied from the Voice PAC site, via Google's cached versions of the pages they came from. All content regarding this situation has been removed from the Voice PAC site.

Prince v. Prince Fan Sites

Date: 

11/06/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Princefans.com, Prince.org, and Housequake.com

Type of Party: 

Individual

Type of Party: 

Organization

Publication Medium: 

Website

Status: 

Pending

Description: 

Lawyers for the musician formerly known, and now currently known, as Prince have sent cease-and-desist letters and at least one DMCA takedown notice to the three largest Prince fansites, Prince.org, Princefams.com, and Housequake.com, demanding that they remove all photographs, images, lyrics, album covers, and anything linked to Prince's likeness.

The fan sites were also requested to provide Prince's lawyers with "substantive details of the means by which you propose to compensate our clients [Paisley Park Enterprises, NPG Records and Anschutz Entertainment Group (AEG)] for damages."

The fansites formed a coalition, Prince Fans United (PFU), which has issued a press release saying that the letter campaign goes too far, effectively stifling critical commentary and impinging on freedom of speech. It does not appear that a lawsuit been initiated.

Update:

3/13/2008 - Prince Fans United reported that negotiations between the coalition and Prince were at a standstill for unknown reasons.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status updated on 6/6/2008 (AAB)

Michael Crook v. BoingBoing

Date: 

11/01/2006

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

BoingBoing

Type of Party: 

Individual

Type of Party: 

Organization

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Description: 

In November 2006, BoingBoing reported that its Canadian-based ISP received a Digital Millennium Copyright Act (DMCA) takedown notice from Michael Crook requesting that BoingBoing remove a screengrab of him from a Fox News channel program "Hannity and Colmes" that BoingBoing posted on its blog. Crook had appeared on the Fox program to talk about a website he created, "craigslist-perverts.org," that contains responses sent to fake personal ads posted on Craigslist.

Crook's takedown notice appears to be self-created, and alleges (by all appearances, erroneously) that Crook owns the copyright in the screengrab, which BoingBoing had taken from a program produced and broadcast by Fox News.

BoingBoing characterized the takedown notice as "bogus" and refused to remove the image from its blog. It says that all copyright in the image resides in Fox, which has expressed no concerns about its reuse of the image, and in any event BoingBoing's use of the image falls squarely within fair use. Prioritycolo.com, the upstream provider to BoingBoing's ISP, replied to Crook that it considered the notice to be illegitimate.

This is not the first DMCA takedown notice Crook has sent. The Electronic Frontier Foundation launched and settled a legal action against Crook for sending an allegedly vexatious takedown notice to the ISP for 10 Zen Monkeys complaining about that website's use of the same image. As part of the settlement, Crook agreed to recall the takedown notices, take a copyright law course, and record a video apology. (For more information on the case, see the CMLP database entry for Crook v. 10 Zen Monkeys.)

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

DA editing

Fitzgerald v. CBS Broadcasting

Date: 

10/12/2004

Threat Type: 

Lawsuit

Party Issuing Legal Threat: 

Christopher Fitzgerald

Party Receiving Legal Threat: 

CBS Corporation

Type of Party: 

Individual

Type of Party: 

Media Company

Court Type: 

Federal

Court Name: 

United States District Court for the District of Massachusetts

Case Number: 

04cv12138 and 06cv11302

Legal Counsel: 

Jonathan Albano, Mary Murrane

Publication Medium: 

Broadcast
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (partial)
Settled (total)

Description: 

Christopher Fitzgerald, a freelance photographer who was working on assignment for the Boston Globe, photographed well-known mobster Stephen Flemmi on January 6, 1995 while Flemmi was being transferred shortly after his arrest. Fitzgerald was the only photographer at the scene, and thus his are the only known publicly-available photographs of Flemmi’s arrest. In June 2004, two CBS affiliate stations in Boston, CBS-4 and UPN-38, broadcast one of Fitzgerald's photographs without permission and CBS-4 put the photo on its website.

On October 12, 2004, Fitzgerald sued CBS for copyright infringement. Fitzgerald also filed a second, nearly identical copyright action (06-11302) against CBS based on the same set of facts, seeking to collect double statutory damages because the broadcast at issue went out over two of CBS’s Boston affiliate stations.

Several years prior to this action, Fitzgerald had sued CBS over the use of the same photographs in its show "60 Minutes." That lawsuit ended in a settlement, and CBS took steps to ensure that the photographs were not accidentally broadcast again. However, at least one copy of a photograph was not destroyed, and it was used in 2004 by the CBS affiliate stations.

On September 1 and 20, 2006, the parties filed cross motions for summary judgment, with CBS asserting that its use of the photograph constituted fair use under copyright law. The district court granted partial summary judgment for Fitzgerald as to CBS's liability, but denied Fitzgerald's claim for summary judgment as to willfullness. The court also consolidated the two lawsuits because they were based on the same set of facts.

Two final determinations are left to the jury: (1) whether CBS's use of the photograph was willful copyright infringment and (2) the extent of Fitzgerald's damages.

Update:

4/14/2008 - Judge dismissed the case after parties reached a settlement.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Status checked on 6/4/2008 (AAB)

Here Comes Another Takedown

Earlier this month, comedy group The Richter Scales released a funny music video, "Here Comes Another Bubble." The video showed a montage of Silicon Valley images over a sound-track adapted from Billy Joel's "We Didn't Start the Fire," lampooning the Web 2.0 bubble that seems near bursting again.

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Best Buy v. Laughing Squid

Date: 

12/11/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Laughing Squid

Type of Party: 

Large Organization

Type of Party: 

Organization

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

On December 11, 2007, Best Buy sent a cease-and-desist letter to Scott Beale of Laughing Squid for reporting on an "Improv Everywhere" prank and their sales of T-shirts mocking the Best Buy logo. Best Buy claimed the post infringed its trademarks and copyrights by "promoting" sales of a T-shirt that mocked the Best Buy logo. Laughing Squid posted the C&D, where it was picked up by BoingBoing and Slashdot. Beale contacted Best Buy's PR department and clarified the nature of his blog. In response, the company sent him an apology on December 12:

We appreciate your clarification of the nature of your posting. We do object to sales of T-shirts or other products bearing a logo which violates our trademarks or copyrights or other misuse of our logo in commercial ventures. However, we do not object to fair and accurate reporting of facts, and respect the First Amendment rights of Laughing Squid and other bloggers to provide articles or commentary on current events. Now that we have a better understanding of your website, we regret sending you the demand letter.

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Best Buy Apologizes for Cease-and-Desist Blooper

Yesterday, Best Buy sent a cease-and-desist letter to Scott Beale of Laughing Squid for reporting on an "Improv Everywhere" prank and their sales of T-shirts mocking the Best Buy logo. Best Buy claimed the post infringed its trademarks and copyrights by "promoting" sales of a T-shirt that mocked the Best Buy logo.

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Hollis v. Cunningham

Date: 

11/29/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Tasha C. Cunningham, Individually formerly known as Tasha C. Joseph; The Cavelle Company as owner and operator doing business as Dontdatehimgirl.com; Empress Motion Pictures; TJC Media Group

Type of Party: 

Individual

Type of Party: 

Individual
Intermediary

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Florida

Case Number: 

1:07-cv-23112-CMA

Legal Counsel: 

James C. Cunningham, Jr.

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Todd Hollis objected to the information users posted about him on DontDateHimGirl.com, a website that allows women to post about men and warn other women about them. In May 2006, Mr. Hollis sued Tasha Joseph/Cunningham, the operator of the website, alleging defamation in Pennsylvania state court, after she refused to remove the posts.

The Pennsylvania court dismissed the action for lack of personal jurisdiction over Joseph/Cunningham, a resident of Florida.

On November 29, 2007, Hollis filed a second lawsuit in federal court in Florida, alleging defamation, intentional infliction of emotional distress, and false light invasion of privacy. According to the Pittsburg Post-Gazette, Tasha Joseph/Cunningham issued the following statement in response to the new lawsuit:

DontDateHimGirl.com's mission is to empower women with the informationand connections that help them make better life decisions. DDHG.com is fully protected [from defamation lawsuits] by the Communication Decency Act. ... Any attack or lawsuit put forth regarding DDHG.com will be dealt with strongly, swiftly and in a manner which will seek to end this type of erroneous, wasteful litigation.
Update:

03/31/2008: Cunningham answered Hollis' complaint and filed a counterclaim against Hollis for defamation. The defamation claim arose from an telecopier document allegedly sent by an organization related to Hollis that stated as fact that Cunningham had been convicted of grand theft by the State of Florida.

04/14/2008: Defendants filed a motion for partial summary judgment. The motion argued that defendants were entitled to summary judgment on several of plaintiff's claims because certain examples of the disputed content were true and certain examples were entitled to protection under CDA 230.

03/2008 through 05/2008: Plaintiff and defendants filed a series of motions disputing discovery issues. These primarily concern defendants' requests for information from plaintiff and plaintiffs requests to depose individuals regarding defendants' reputation.

05/15/2008: Court dismissed Cunningham's counterclaim at Cunningham's request and granted Cunningham's request for protective orders that would prevent plaintiff from deposing certain individuals on the issue of defendants' reputation.

06/20/2008: The case has been dismissed with prejudice by stipulation of both parties. Details of the settlement are not yet available.

 

Jurisdiction: 

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CMLP Notes: 

Probably worth trying to find out the terms of the settlement. {MCS}

Summary Judgment Granted in BidZirk v. Smith

I blogged about Orthomom's victory on Friday. Here's another big win for a blogger recently. Last Monday, the United States District Court for the District of South Carolina granted summary judgment to Philip Smith in the lawsuit brought against him by BidZirk, LLC, Daniel Schmidt, and Jill Patterson.

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