Week of February 15, 2008

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 net neutrality bill introduced in the House this week.
Some Thoughts on the New Net Neutrality Bill

Sam Bayard comments on a novel invasion of privacy claim in a Tennessee blogging case.
Swartz v. Does: Tennessee Couple Sues Anonymous Author(s) of Local Blog for Defamation and Invasion of Privacy

David Ardia looks at a new online resource for federal case law.
Federal Case Law Archive Now Online and Free

CMLP Staff discusses the issues that arise in selecting a platform for online speech.
Highlights from the Legal Guide: Getting Your Words and Other Content Out to the World

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Other citizen media law news...

Internet Sex Video Case Stirs Free-Speech Issues in Hong Kong
New York Times - Wed. 2/13/08

Ariz. sheriff's office goes 0-3 in recent public-records case
First Amendment Center - Wed. 2/13/08

Business Coalition for Balanced Copyright Speaks Out Against Canadian DMCA
Michael Geist - Tues. 2/12/08

Start a Nonprofit and Join Election '08 YouTube Free-For-All
Wired - Mon. 2/11/08

Burma: Journalist U Win Tin and blogger Nay Phone Latt transferred to Insein prison
Reporters Without Borders - Mon. 2/11/08

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Recent threats added to the CMLP database...

Universal Music Group v. Malkin
Posted February 13, 2008

Viacom v. MoveOn.org and Brave New Films
Posted February 13, 2008

City of West Bend v. Buss
Posted February 13, 2008

Zoeller v. Josef Silny & Associates
Posted February 13, 2008

Ford Motor Company v. 2600 Enterprises
Posted February 13, 2008

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The full(er) Brief...

"Representatives Ed Markey (D-MA) and Chip Pickering (R-MS) introduced a new net neutrality bill before the U.S. House of Representatives yesterday. Net neutrality refers to the (surprisingly) controversial idea that all Internet traffic should be treated equally. . . . Overall, H.R. 5353 seems like a step in the right direction, but one can't help observing that it's a modest proposal. After all, the bill doesn't address the conduct of network providers directly. It just sets out policy objectives and asks the FCC to investigate the matter, hold some public meetings, and report back."
Sam Bayard, Some Thoughts on the New Net Neutrality Bill

"On Monday, a prominent couple from Old Hickory, Tennessee sued three anonymous defendants for defamation and invasion of privacy over statements appearing on the Stop Swartz blog and craigslist. The plaintiffs, Donald and Terry Keller Swartz, buy and sell a lot of real estate in Old Hickory, and a bit of local political maneuvering on their part seems to have earned them some enemies. The purpose of the Stop Swartz blog, which criticizes the Swartzes' real estate activties and other aspects of their personal and political lives, is self-described as sharing 'the truth about Don and Terry and their actions and activities in and around Old Hickory,' and it encourages readers to submit their own 'Swartz incident[s].' . . . The most novel aspect of the case from a legal point of view is the Swartzes' claim that a posting on Stop Swartz invaded their privacy by encouraging readers to stalk them. . . . It will be interesting to see how the plaintiffs develop this claim and whether the court will have any patience with it."
Sam Bayard, Swartz v. Does: Tennessee Couple Sues Anonymous Author(s) of Local Blog for Defamation and Invasion of Privacy

"Public.Resource.Org and Creative Commons announced that they've released the first batch of case material in their free case law archive. Yesterday's release encompases over 1.8 million volumes of federal case law, including all Courts of Appeals decisions from 1950 to the present and all Supreme Court decisions since 1754. As we've noted in the past, lawyers have long anticipated -- and hoped for -- such a case archive because court decisions and statutes are not copyrightable. In light of this, the files are all marked with the new Creative Commons CCØ label, indicating that the contents are works of the United States Government and are free of copyright or other restrictions for their dissemination and reuse. Equally impressive, all of the files were converted to the XHTML standard and make extensive use of CSS style sheets to allow developers to build new search engines and user interfaces to access the trove of materials."
David Ardia, Federal Case Law Archive Now Online and Free

"This is the second in a series of posts calling attention to some of the topics covered in the recently launched Citizen Media Law Project Legal Guide. The first topic we took up was choosing a business form for your online publishing activities. In this post we discuss the various issues, both legal and practical, that arise when you select a platform for your online speech."
CMLP Staff, Highlights from the Legal Guide: Getting Your Words and Other Content Out to the World

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