Michael Crook v. BoingBoing

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Correspondence

Date: 

11/01/2006

Status: 

Concluded

Location: 

Canada

Verdict or Settlement Amount: 

N/A
In November 2006, BoingBoing reported that its Canadian-based ISP received a Digital Millennium Copyright Act (DMCA) takedown notice from Michael Crook requesting that BoingBoing remove a screengrab of him from a Fox News channel program "Hannity and Colmes"... read full description
Parties

Party Receiving Legal Threat: 

BoingBoing

Type of Party: 

Individual

Type of Party: 

Organization

Location of Party: 

  • New York

Location of Party: 

  • Canada
Description

In November 2006, BoingBoing reported that its Canadian-based ISP received a Digital Millennium Copyright Act (DMCA) takedown notice from Michael Crook requesting that BoingBoing remove a screengrab of him from a Fox News channel program "Hannity and Colmes" that BoingBoing posted on its blog. Crook had appeared on the Fox program to talk about a website he created, "craigslist-perverts.org," that contains responses sent to fake personal ads posted on Craigslist.

Crook's takedown notice appears to be self-created, and alleges (by all appearances, erroneously) that Crook owns the copyright in the screengrab, which BoingBoing had taken from a program produced and broadcast by Fox News.

BoingBoing characterized the takedown notice as "bogus" and refused to remove the image from its blog. It says that all copyright in the image resides in Fox, which has expressed no concerns about its reuse of the image, and in any event BoingBoing's use of the image falls squarely within fair use. Prioritycolo.com, the upstream provider to BoingBoing's ISP, replied to Crook that it considered the notice to be illegitimate.

This is not the first DMCA takedown notice Crook has sent. The Electronic Frontier Foundation launched and settled a legal action against Crook for sending an allegedly vexatious takedown notice to the ISP for 10 Zen Monkeys complaining about that website's use of the same image. As part of the settlement, Crook agreed to recall the takedown notices, take a copyright law course, and record a video apology. (For more information on the case, see the CMLP database entry for Crook v. 10 Zen Monkeys.)

Details

Content Type: 

  • Photo

Publication Medium: 

Blog

Subject Area: 

  • Copyright
  • DMCA
Court Information & Documents

Jurisdiction: 

  • Canada

Source of Law: 

  • United States

Relevant Documents: 

CMLP Information (Private)

CMLP Notes: 

DA editing