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There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had time to write about:
Bloggers entitled to same protections as journalists under the First Amendment. … Continue Reading
Thankful I didn’t copy images, parody the Beastie Boys, use overbearing TOS or have to stand behind TheDirty
With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks.
Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics
In my three part series on using images from the web for your news stories, we talked about the Morel v. Agence France-Press case. … Continue Reading
Last week, the Supreme Court of Texas heard oral arguments on whether a party can use a pre-suit deposition to identify an anonymous blogger. The petitioner tried to use a pre-suit subpoena to force Google to identify a blogger that constantly railed on how bad the company and its owner was. The trial court … Continue Reading
I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A district judge in Virginia ruled it was not. The Fourth Circuit Court of Appeals recently reversed in … Continue Reading
In part one, we discussed how fair use may apply to the media’s use of social media images. In part two, we looked at how the various sites’ terms of service come into play. Today, we look at the one prominent case in this area and describe some best practices.
The Agence France-Presse Twitter Case
There is … Continue Reading
The answer is one that frustrates people the most — it depends. In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on that in part 3). But, let’s assume you can’t get permission — after all, … Continue Reading
I think Scottie Pippen is one of the most overrated players in the history of the NBA. My opinion may be soured because I am a Houston Rockets fan and the experiment with him, Olajuwon and Charles Barkley did not end well.
Of course, that’s just my opinion. What if, however, I reported, as fact, Scottie … Continue Reading
TheDirty.com is not exactly deserving of sympathy. Much like Playboy and Hustler pushed the boundaries of the First Amendment in the past, rumor sites like TheDirty.com are pushing the limits of Section 230 immunity for online defamation under the Communications Decency Act.
A judge and jury in Kentucky apparently have had enough. This week, a jury … Continue Reading
Sometimes, when you read the basics of a story, it sounds so incredulous, you think “surely, there has to be more to it.” Enter the story of 19-year-old Texan Justin Carter. The quick headlines usually read – Texas Teen Faces Eight Years for Facebook Comment.
Unfortunately for Justin, the post was about shooting up kindergartners. … Continue Reading
Other than drawing more attention to the damaging online material, paying for a lawyer and having to answer uncomfortable questions under oath, what are the other risks about bringing a defamation claim? If you are not careful, you could end up paying the defendants’ attorneys’ fees.
Twenty-seven states and the District of Columbia have passed Anti-SLAPP … Continue Reading