Legal Threat

Anthony Ciolli, Former Director of AutoAdmit, Dropped From Lawsuit

Yesterday, lawyers for two female Yale Law School students, captioned as Does I & II, filed an amended complaint dropping Anthony Ciolli as a defendant from the lawsuit they filed against a host of pseudonymous users of the popular law school admissions forum, AutoAdmit.

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Legal Threats Database Preview: Internet Solutions v. Marshall

Tomorrow we officially launch our Legal Threats Database, a catalog of the growing number of lawsuits, cease-and-desist letters, and other legal challenges faced by those engaging in online speech. As many of our readers are no doubt aware, the individual threat entries have been available for some time, but starting tomorrow users will be able to view the entire database and search the entries using a number of fields, including location, legal claim, publication medium, and content type.

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Musharraf Uses Press Licensing Laws to Clampdown on News Media in Pakistan

Reports are emerging from Pakistan that President Pervez Musharraf has shutdown independent news media within Pakistan and limited access to the Internet. Musharraf appears to be using, at least in part, Pakistan's press licensing laws to effectuate this clampdown.

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Jury Awards $10.9 Million Against "God Hates Fags" Church

On Wednesday, a federal jury in Maryland handed down a $10.9 million verdict against the Westboro Baptist Church, a fundamentalist Christian church in Kansas that publishes a website at www.godhatesfags.com, on which it disseminates its rabidly anti-homosexual views. Among other things, the church advocates the view that God kills U.S. soldiers in Iraq and Afghanistan as punishment for America's tolerance of homosexuality and for the presence of gays in the U.S. military.

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Citizen Media Law Podcast #2: Legal Threats Database; Orthomom Defamation Action; Iranian Blogger Sued in Canada

This week, David Ardia previews our legal threats database, Colin Rhinesmith talks about a recent decision on First Amendment protections for anonymous bloggers, and Sam Bayard spotlights a defamation suit involving an Iranian blogger in Canada.

Download the MP3 (time: 9:30)

Music used in this podcast was sampled and remixed from a track titled "Jazz House" by the Wicked Allstars, available on Magnatune.

To subscribe to the Citizen Media Law Podcast, visit our Subscriptions page or go directly to the podcast feed.

 

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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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New York Court Dismisses Orthomom Defamation Action

On Tuesday, October 23, Justice Marcy Friedman of the New York Supreme Court dismissed a lawsuit seeking discovery from Google (dba Blogger) regarding the identities of the anonymous operator of the blog "Orthomom" and an anonymous commenter to the blog. The court's opinion is potentially important because it addresses the difficult question of what standard a court should apply when deciding whether to unmask an anonymous defendant in a defamation action.

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Some Thoughts on the Phoenix New Times Arrests

There's been extensive coverage (here, here, here, and here, to start) of the arrest and subsequent dismissal of charges against Michael Lacey and Jim Larkin, the founders of the Phoenix New Times, a print newspaper that also publishes on its website. I'll add my voice to the chorus in order to elaborate on some of the legal issues at stake.

The facts are as follows: Starting in July 2004, the Phoenix New Times published a number of articles critical of Maricopa County Sheriff, Joe Arpaio. In one article published on its website in 2004, the newspaper disclosed Arpaio's home address as part of a story raising questions about his real estate holdings. The address was available in public records on the County Recorder and State Corporation Commission websites.

Authorities in Maricopa County began a criminal investigation of the newspaper for violation of section 13-2401 of the Arizona Revised Statutes, which makes it a felony to

knowingly make available on the world wide web the personal information of a peace officer, justice, judge, commissioner, public defender or prosecutor if the dissemination of the personal information poses an imminent and serious threat to the peace officer's, justice's, judge's, commissioner's, public defender's or prosecutor's safety or the safety of that person's immediate family and the threat is reasonably apparent to the person making the information available on the world wide web to be serious and imminent.
Notice that the statute only applies to publication on the Internet, not to print publications. The New Times filed a lawsuit in federal court in Arizona seeking a declaration that section 13-2401 violates the First Amendment to the U.S. Constitution and an injunction barring Maricopa County law enforcement officials from investigating or prosecuting the newspaper for violation of the statute.

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Chilly Weekend: Black Friday Prequel and Public Domain Music Scores

If it's fall, these must be cease-and-desists for Black Friday ads. This year, they seem to be coming earlier than ever, as Wal-Mart sends pre-notifications against future posting. I put my analysis into a Chilling Effects Weather Report

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Co-Blogging and Cease-and-Desist Letters

Mike Madison published a thoughtful and thought-provoking post the other day on his madisonian.net blog about the effect that a cease-and-desist letter can have on a collaborative blogging (or "co-blogging") relationship. Madison publishes on a number of blogs, one of which is Blog-Lebo, which covers matters of local interest in Mt.

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Copyright Misuse and Cease-and-Desist Letters

William Patry has an excellent post today called "Misuse via Cease & Desist Letters." It discusses the recent trend of lawyers asserting copyright in cease-and-desist letters in an effort to prevent posting of those letters on the Internet.

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School Forced to Defend Removal of Student Posters Referencing Website Containing Links to Violent Videos

Last week a Massachusetts district court rejected a school district's effort to dismiss a novel student speech case, Bowler v. Town of Hudson, in which school administrators removed the Hudson High School Conservative Club's posters advertising its first meeting because the posters contained the website address for the club's national organization, which in turn contained a link to graphic videos on another site that depicted beheadings in Iraq.

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Libel Threat Brings Down Blogs in UK

Robin Hamman noted yesterday that a number of UK bloggers had their blogs taken down by their ISP following threats of legal action by Uzbek billionaire Alisher Usmanov. According to Hamman:

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Texas Judge Orders Discovery of Anonymous Blogger's Identity

A recent case from Texas highlights the difficulty of identifying the correct legal standard for determining when a court should order disclosure of the identity of an anonymous person engaging in speech on the Internet. In June 2007, a subsidiary of Essent Healthcare, Inc. filed suit in Texas state court against an anonymous blogger and an undefined number of anonymous posters to his blog.

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Volkswagen Subpoenas YouTube for Identity of User Who Posted Nazi-Themed Video

In late August, Volkswagen obtained a subpoena from the United States District Court for the Northern District of California (Case No.3:07-MC-80213) requiring YouTube to disclose the identity of an anonymous YouTube user who posted a Nazi-themed parody of a Volkswagen commercial. The video has apparently been removed from YouTube and is no longer available.

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Creationist-Atheist Brouhaha Over DMCA Takedown Notices

Ars Technica reports that Creation Science Evangelism (CSE), a creationist group founded by Kent Hovind (who is currently in prison for violations of federal tax law), recently sent a raft of questionable DMCA takedown notices to YouTube complaining that various user-posted videos infringed its copyrights in videos of its seminars.

Among those users whose videos were taken down was the Rational Response Squad (RRS), a group of atheists dedicated to "fighting to free humanity from the mind disorder known as theism." Apparently, the videos flagged for removal were all critical of CSE, and some consisted of expression entirely original to the YouTube poster. Other videos used portions of CSE's own videos to make critical commentary about the organization. When its videos were removed, RRS unleashed a firestorm of criticism, threatening to sue CSE for abusing the DMCA's notice-and-takedown provisions and even contacting the prosecuting attorney in Hovind's tax case to inform her of CSE's conduct. Others have joined in the mix (here, here, and here). It appears that YouTube canceled RRS's entire account for a time (the rationale for doing so is not clear), but later reinstated it.

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DMCA Truth Can Be Stranger than Science Fiction

Author Denise McCune posts a great account of the workings and failings of the DMCA's notice-and-takedown procedures.

As Cory Doctorow has also reported on BoingBoing, the VP of the Science Fiction and Fantasy Writers of America sent an error-filled takedown complaint to text-sharing site Scribd, causing removal of many non-infringing postings including reading lists suggesting great science fiction, and Cory's own novels, which he's CC-licensed for free redistribution.

The DMCA safe-harbor is most charitably described as an intricate dance for all parties involved: the copyright claimant, the ISP, and the poster. When the dancers are synchronized, its notice, takedown, and counternotice steps give each party a prescribed sequence by which to notify the others of claims and invite their responses. That's why the DMCA requires the claimant to identify the copyrighted works, specify alleged infringements with "information reasonably sufficient to permit the service provider to locate the material," and state good faith belief that the uses are unauthorized. When a copyright claimant misses one of those key elements, he starts stepping on toes.

The service provider isn't obliged to respond to deficient notices, but if a notice contains all the right formal elements -- even if it's factually wrong about copyright ownership or copying -- the service provider must choose between taking down the material or losing its DMCA safe-harbor and facing potential lawsuits. Posters who believe their material is non-infringing or fairly posted can counter-notify and even file their own lawsuits for misuse of copyright claims, under sec. 512(f). I share McCune's hope that the brouhaha will help the SFWA to help authors express all their copyright interests, including that of free sharing:

I hope the SFWA's lawyers are sitting down with Andrew Burt and explaining how the DMCA actually works, so that actual, legitimate violations of copyright (on Scribd and on other sites) can get dealt with swiftly and promptly and the people who have asked SFWA to be their copyright representative can get infringing uses of their material removed. I'm also glad to see that the SFWA ePiracy Committee has suspended operations until they can investigate further -- and, hopefully, come up with an effective process and procedure that benefits both fair and/or transformative use while also protecting the rights of copyright holders to have control over where and how their material is posted -- whether that control is a more traditional "nobody gets to use this, period" or a Creative Commons-style authorization of transformative work.

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A&P Sues Two College Kids Over (Hilarious) "Produce Paradise" Video

It's a musical week in the blogosphere. 

Two brothers from New Jersey, Mark and Matthew D'Avella, spent the summer working for the A&P supermarket in Califon, New Jersey. They made the best of what could have been a boring situation by creating parodic rap songs with supermarket themes under the name "Fresh Beets" (here's their myspace page).  Their songs including gems like "Always Low Prices" and (their masterpiece) "Produce Paradise," which is a nod to Coolio's 1995 "Gangsta's Paradise," which in turn drew on Stevie Wonder's venerable "Pastime Paradise."  Mark and Matthew made a video of "Produce Paradise" in the A&P store (after hours) and posted it to YouTube and their website, fakelaugh.com, along with some blog commentary.  You've got to hear and see this one to believe it:

A&P's parent company, The Great Atlantic and Pacific Tea Company, Inc., filed a lawsuit against the brothers in New Jersey Superior Court seeking $1 million in damages.  The complaint, filed Friday, August 24,  includes counts for defamation, business and product disparagement, and federal trademark infringement and dilution.  It alleges that "Produce Paradise" depicts the brothers "performing their rap song in various recognizable areas of the Califon A&P, including the fresh produce department, the corner bakery, the stock room and the employee bathroom," and that "at least one defendant is wearing a hat with a recognizable A&P logo [during the video]." 

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