Week of April 11, 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...

CMLP staff throw their support behind a subpoenaed blogger.
Blogger Kathleen Seidel Fights Subpoena Seeking Information About Vaccine Litigation

David Ardia notes the irony of Perez Hilton suing another celebrity blogger.
Perez Hilton Sues Fellow Gossip-Blogger For Defamation Over Alleged Sex Tapes

Sam Bayard updates the defamation lawsuit against Tabatha Marshall.
Internet Solutions v. Marshall: Internet Defamation Case Dismissed for Lack of Personal Jurisdiction

Sam Bayard poses a tough question for American Apparel's advertising execs.
What Were They Thinking?

Sam Bayard discusses an odd copyright claim in Canada.
B.C. Government Claims Copyright in FOI Records

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Recent threats added to the CMLP database...

Gatto v. Capeci
Posted April 11th, 2008

Sykes v. Seidel
Posted April 11th, 2008

United States v. Givemeliberty.org
Posted April 10th, 2008

Perez Hilton v. Jonathan Jaxson
Posted April 10th, 2008

T-Mobile v. Engadget
Posted April 3rd, 2008

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Other citizen media law news...

Egypt - Call for release of three bloggers held in connection with April 6 protests in Cairo; US photographer's interpreter kept in prison
Reporters Without Borders - Fri. 4/11/08

Reporters' shield does not apply to blogger
The Daily Times - Thurs. 4/10/08

New Zealand copyright reform law schools US DMCA on fair use
Ars Technica - Thurs. 4/10/08

House Staffers Livid Over Web Site
The Washington Post - Wed. 4/9/08

Indonesia Blocks Web Access Over Film
Wired News - Tues. 4/8/08

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The full(er) Brief...

"We've been following the subpoena issued to Kathleen Seidel in the Citizen Media Law Project's Legal Threats Database, but thought it was time to throw our support behind Seidel and post about this egregious attempt to chill online speech. Seidel publishes the blog Neurodiversity, where she writes about autism issues. In February 2008, she wrote about a lawsuit against various vaccine manufacturers, Sykes v. Bayer, in which the plaintiffs, Lisa and Seth Sykes, seek to link exposure to mercury to their son's autism. . . ."
CMLP Staff, Blogger Kathleen Seidel Fights Subpoena Seeking Information About Vaccine Litigation

"Earlier this week, Perez Hilton sued fellow gossip-blogger Jonathan Jaxson for libel, slander, invasion of privacy, harassment, and intentional infliction of emotional distress. Jaxson, the former publicist for the Backstreet Boys whose real name is Jonathan Wayne Lewandowski, operates a blog called JJ's Dirt that feeds the public's apparently unlimited hunger for celebrity gossip. The complaint, which Hilton filed in Los Angeles Superior Court, alleges that Jaxson slandered him by stating that Hilton had solicited sexual favors from Jaxson in exchange for help promoting Jaxson’s website. The complaint specifically refers to a February 28 article in the New York Post in which Jaxson stated that Hilton encouraged him to send sex tapes of himself. . . ."
David Ardia, Perez Hilton Sues Fellow Gossip-Blogger For Defamation Over Alleged Sex Tapes

"A quick update on the Internet Solutions v. Marshall case, which I've blogged about at length previously. This case is significant to us because Tabatha Marshall, the defendant, was the first user of our website to submit information about her case through our threat entry form. Yesterday, a federal district court in Florida dismissed the lawsuit against Marshall, who is a Washington resident, holding that it lacked personal jurisdiction over her. The court held that exercising personal jurisdiction over Marshall would violate the Due Process Clause because she lacked minimum contacts with Florida. . . ."
Sam Bayard, Internet Solutions v. Marshall: Internet Defamation Case Dismissed for Lack of Personal Jurisdiction

"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."
Sam Bayard, What Were They Thinking?

"Michael Geist points the way to an interesting Vancouver Sun article, reporting on the B.C. provincial government's inclusion of copyright notices in packets of documents turned over to journalists under B.C.'s Freedom of Information and Privacy Protection Act, a Canadian analog of our state FOI laws. . . . This is an area where U.S. copyright law compares (somewhat) favorably with some other copyright regimes around the world. Section 105 of the U.S. Copyright Act makes works of the federal government ineligible for copyright protection. In contrast, Candada, Australia, New Zealand, and the UK assert what is known as "crown copyright" in government works. . . ."
Sam Bayard, B.C. Government Claims Copyright in FOI Records

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