Welcome to the website of the Digital Media Law Project. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness.
According to EFF, a New Jersey Superior Court judge quashed a subpoena seeking the identity of anonymous blogger "daTruth Squad" on Friday. The blogger had criticized a malpractice lawsuit filed by the Township of Manalapan, New Jersey against a former city attorney. Then, as part of the same malpractice lawsuit, the Township issued a subpoena to Google (owner of the blog's hosting service) seeking information relating to daTruth Squad's identity.
TechCrunch is reporting that Apple and Think Secret have settled their longstanding trade secrets dispute. Here's the kicker: under the terms of the agreement, Think Secret will cease operations. Think Secret issued a statement:
The anonymous blogger who runs "The-Paris-site" will remain anonymous, at least for now. Yesterday, a Texas appellate court ordered
the trial court to vacate its previous order compelling the blogger's
ISP to reveal his name and address to Essent Healthcare, Inc. (For
background on the case, see our database entry, Essent v.
James Goodale, the former vice chairman of the New York Times, published an article on Friday in the New York Law Journal (registration required) on CDA 230 and the highly publicized Doe v. Ciolli case.
Follow the links from Electronic Frontier Foundation page on the bizarre Manalapan v. Moskovitz lawsuit to see a local government running wild against free speech. The town is suing to get the identity of -- and all kinds of other information about -- a critical anonymous blogger.
An Arizona appellate court handed down an important decision yesterday in Mobilisa, Inc. v. Doe, 1 CA-CV 06-521 (Ariz. Ct. App. Nov. 27, 2007), a case involving the thorny legal question of what standard should govern requests for discovery of the identity of an anonymous Internet speaker whose speech allegedly violated a plaintiff's rights.
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.
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.
We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.