Welcome to the Citizen Media Law Brief, a weekly newsletter highlighting recent blog posts, media law news, legal threat entries, and other new content on the Citizen Media Law Project's website. You are receiving this email because you have expressed interest in the CMLP or registered on our site, www.citmedialaw.org. If you do not wish to receive this newsletter, you can unsubscribe by following the link at the bottom of this email or by going to http://www.citmedialaw.org/newsletter/subscriptions.
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The latest from the Citizen Media Law Project blog...
Sam Bayard discusses the recent settlement of a blogger defamation suit.
Dog Track Drops Lawsuit, Leaving Blogger Relieved But Rattled
David Ardia reports on a rare criminal copyright case.
Blogger Arrested for Leaking Songs from Unreleased Guns N' Roses Album
Sam Bayard covers recent web censorship developments in Turkey.
Turkish Court Ends Latest YouTube Ban
David Ardia highlights the danger that government entities face when they send cease-and-desist letters.
Wisconsin Website Operator Files Lawsuit Over Frivolous Demand to Take Down Link to Local Police Department
Sam Bayard analyzes trademark claims based on the use of a logo to illustrate a blog post.
Vegas Nightclub's Trademark Claims Against Blogger Likely a Bust
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Recent threats added to the CMLP database...
Posted August 29th, 2008
ViroLogic v. Does
Posted August 27th, 2008
Hollis-Eden Pharmaceuticals v. Does
Posted August 27th, 2008
Chicago Lawyers' Committee for Civil Rights Under Law v. Craigslist
Posted August 27th, 2008
IT Service Management Forum USA v. Prunty
Posted August 27th, 2008
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Other citizen media law news...
Judge: 1st Amendment allows posting SSNs of state officials
Ars Technica - Fri. 8/29/08
Ruling in Veoh Case Could Mean Blue Skys Ahead for YouTube
Wall Street Journal Law Blog - Thurs. 8/28/08
ABC Reporter Arrested in Denver Taking Pictures of Senators, Big Donors
ABC News - Wed. 8/27/08
Framing a Digital Bill of Rights.
Legal Blog Watch - Wed. 08/27/08
Tennessee officer accused of snooping on reporter.
Reporters Committee for Freedom of the Press - Tue. 08/26/08
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The full(er) Brief...
"The Arizona Star reports that the Tucson Greyhound Park has dropped its defamation lawsuit against blogger Karyn Zoldan of the End Tucson Greyhound Racing
website and blog. Both parties agreed to dismissal of the suit, but
Zoldan did not pay anything in return for the settlement. She did,
however, make some minor changes to statements on the website, which
apparently satisfied John Munger, the lawyer who represented the track
in the lawsuit. . . . Zoldan got through this ordeal relatively unscathed, except for some
potentially hefty attorneys' fees. That's a good result, but the
track's tactics still managed to intimidate her and chill her speech
and potentially that of others. . . ."
Sam Bayard, Dog Track Drops Lawsuit, Leaving Blogger Relieved But Rattled
David Ardia, Blogger Arrested for Leaking Songs from Unreleased Guns N' Roses Album
"The Guardian reports that a Turkish court has lifted the ban on YouTube in that country, imposed by an Ankara court in May 2008 after it determined that certain videos posted on the popular video-sharing site insulted Mustafa Kemal Atatürk, the founder of modern Turkey. Turkey has two notable laws restricting freedom of speech on the Internet -- (1) Article 301 of the Turkish Penal Code, which criminalizes the denigration of Turkishness, the Republic, and the foundation and institutions of the state; and (2) Internet Publication Law No. 5651, which regulates online content and includes a prohibition on insulting the memory of Ataturk. . . . [R]ecently, bloggers inside Turkey organized an online protest against Web censorship, in which they voluntarily shut down their own blogs, posting notices like 'The access to this web site is prevented by its owner’s free will' (TechCrunch's translation), riffing off notices posted by ISPs noting site blockage due to court order. As Erick Schonfeld TechCrunch explained in a post in mid-August, '[t]he point is to show Turkish Web surfers what the Internet would look like if the censorship continues unabated.' . . ."
Sam Bayard, Turkish Court Ends Latest YouTube Ban
"I just updated one of the more frivolous entries in our legal threats database, which has now spurred a federal lawsuit. While it is barely worth blogging about, I thought it might be valuable as a cautionary tale for those who believe sending cease-and-desist letters is a no-lose proposition. The entry involves Jennifer Reisinger, who operates Sheboygan Spirit, a website focusing on the government and community of Sheboygan, Wisconsin, and Brat City Web Design, a site promoting her web development business. The latter site contained a link to the Sheboygan Police Department (without any text or other explanation, it appears). On October 19, 2007, the city attorney for the City of Sheboygan sent Reisinger a cease-and-desist letter demanding that she remove the link to the police department from her site. . . . On August 20, 2008, Reisinger filed a lawsuit in federal court in Milwaukee against the City of Sheboygan, its mayor, police chief, and city clerk, claiming that the defendants violated her First Amendment rights. . . ."
David Ardia, Wisconsin Website Operator Files Lawsuit Over Frivolous Demand to Take Down Link to Local Police Department
"Privé Vegas, LLC and two of its owners sued Las Vegas-based blogger Michael Politz last week, alleging trademark infringement, dilution, and 'disaparagement' under the Lanham Act, defamation, trade libel, tortious interference with business relations, and extortion. The company operates a nightclub called 'Privé' in the Planet Hollywood Casino in Las Vegas. Politz operates the TheVegasEye.com blog, which covers goings-on in the Las Vegas entertainment and hospitality industries and provides restaurant reviews and reports on celebrity sightings and the like. . . . None of these bases for a trademark claim look promising. Privé's claim for trademark infringement is doomed. Not only is Politz's use of the trademark to illustrate his commentary and criticism probably 'nominative fair use,' but there is no possibility that readers would be confused into believing that Privé is the source or sponsor of Politz's blogging services. As we explain in our legal guide, a "likelihood of confusion" is essential to successful trademark claim. . . . "
Sam Bayard, Vegas Nightclub's Trademark Claims Against Blogger Likely a Bust
