News & Media
Strolling Down Trolling Lane
The Progress and Freedom Foundation has a good post on how we already have adequate laws in place to deal with internet trolling. See Under-Appreciated Existing Legal Remedies for Trolling, Defamation and Other “Malwebolent” Invasions of Privacy. The article summarizes some academic ideas as to how we can combat the “scourge” of trolling. Frank Pasquale has argued that we ought to require Internet search engines to provide a “right of reply”–allowing someone to post a “reply” that would appear on a search engine next to content concerning them that they consider inaccurate or defamatory (essentially the “fairness doctrine” applied online).
The DMCA? She Bite Sometimes – Lenz v. Universal
In Lenz v. Universal, the N.D. Calif. allowed a little push-back against overreaching copyright owners who wield Digital Millennium Copyright Act (“DMCA”) takedown notices like a blunt club. In February of 2007, Stephanie Lenz videotaped her toddlers dancing in her kitchen to the Prince song, “Let’s Go Crazy.” She then uploaded the 29 second video to Youtube. “Let’s Go Crazy” can be heard for 20 muffled seconds. Universal then sent Youtube a DMCA takedown notice, and Youtube complied. Lenz sent YouTube a DMCA counter-notification pursuant to the little-used portion of the DMCA codified at 17 U.S.C. § 512(g) Lenz took
MIT Gag Order Lifted!
The gag order in the MBTA subway hack case has been lifted. See Citizen Media Law Project.
When will she LEAVE?
Fay didn’t strengthen to hurricane status, but she has parked her fat ass right over us for days.
Did You Get a Notice From “Trademark Monitoring and Notification Service?"
Mike Atkins at Seattle Trademark Lawyer provides this valuable warning. Atkins writes: Companies like this may provide a legitimate service. But from where I sit, it only looks like they’re trying to profit from trademark owners’ inexperience. Watch out for them. The letter looks official, but it’s really just an official waste of money. Atkins speaks the truth. Each trademark application I have filed on behalf of my clients has quickly been followed by a form from the “Trademark Monitoring and Notification Service.” The bad news: A few have been suckered in and paid the $385. The good news, the
College Prezzes, "Lower the drinking age!"
A group of college presidents calling themselves “The Amethyst Institute” say setting the drinking age at 21 encourages binge drinking on college campuses. They are urging legislators to lower the age. William Kirwan, chancellor of the University System of Maryland, William Brody, president of Johns Hopkins, C.D. Mote Jr. of the University of Maryland and the presidents of Washington and Lee, Sweet Briar, Towson, Randolph-Macon, Duke, Tufts, Dartmouth and others have signed on to the effort. (source) The Washington Post article says that it will likely be politically difficult to change the nationwide drinking age. I think that the college
Fay Update
It looks like Fay will not become a hurricane after all. That’s good news. But, she seems determined to hang around us for a few days.
Oh Crap…
Yesterday, I said “aw, fuck buying supplies… this is just going to be a puny tropical storm.” It looks like Tropical Storm Fay is going to cut under Orlando, go out to sea, pick up enough steam to become Hurricane Fay, and then return to shore just north of Orlando. That is not a good thing. I don’t expect that this will turn into any kind of major natural disaster. But, it sure as shit ain’t convenient.
Fay Update
Looks like Fay is turning a little bit… heading more out to sea before coming back inland. This is a big pain in the ass. It looks like the storm won’t hit the Orlando area head-on, but it looks like it is going to orbit the area for days.
Bill Donohue Doesn't Like These Blogs – Read Them!
Bill Donohue has been a wellspring of asshattery at every opportunity he has been granted, save one. He did have a pretty mature reaction to the South Park episode that took the ass out of him. Now he wants the blogs Bitch Ph.D. and Towleroad cut from the Democratic National Convention’s list of credentialed blogs. I’m following Popehat’s lead. Any blog that pisses off Bill Donohue has to be worth pimping on the LS.
Streisand Effect is a Real Biyotch
See Popehat, When You Find Yourself in a Hole, Stop Digging.
The Trafficking Victims Protection Act and the Decency in my Soul
Professor Ann Bartow implores her readers at Feminist Law Profs: “Please, if you have any decency in your soul, support passage of the Trafficking Victims Protection Act.” (source) I don’t agree with much that Bartow says, but on this one I was inclined to agree. But, I wanted to read the Act with a critical eye first. Most of the Act is the kind of thing that you would have to be a beast to oppose. Forcing people into prostitution, human trafficking, modern slavery, this is all ugly stuff. Support a law that punishes people for that kind of offense?
Copyright Applies to Free Software Too
by Tara Warrington Legal Satyricon Correspondent The Court of Appeals for the Federal Circuit ruled in Jacobsen v. Katzer that the terms of a license – even one granting free and nonexclusive use – control when determining if the scope of the use is limited by the license itself or more broadly by copyright law. The decision itself is not earth shattering when viewed in light of the specific terms of this particular open source license. Nevertheless, it shows a promising tolerance for moral rights principles.
If you can't beat 'em, put ads on 'em.
CNET reports that some media companies are no longer looking at YouTube clips of copyrighted material as a threat, but are now simply placing revenue-generating ads alongside them.
Copyright Applies to Free Software Too
So says the Court of Appeals for the Federal Circuit. See Court says copyrights apply even for free software, WIRED. More analysis to follow.
T Subway Hack Case Gets Worse
Either the coverage is missing something, or there is something terribly wrong happening in the MBTA hacker case. See Boston (T) Party — Judge Puts Gag Order on MIT Students in MBTA Hack Presentation. CNET reports that not only did the Judge let the temporary restraining order he granted last weekend remain in place, but extended it and ordered the MIT researchers to turn over more of their research to the MBTA. The MBTA’s attorneys incredibly argued that the “defendants enjoy no protections under the First Amendment.” (source). Interesting argument. I suppose that the new legal standard is that the
Jackson Brown Sues McCain
John McCain helped himself to Jackson Browne’s song, “Running on Empty” for a campaign ad. Browne is suing for copyright infringement, Lanham Act violations (for falsely suggesting that Browne supports the McCain campaign) and for right of publicity violations under California law. LA Times and The Associated Press.
$1.5 Million Award in Negligent Transmission of an STD
On Point News reports that an Iowa man who transmitted HPV to his girlfriend is liable to her for $700,000 in compensatory damages and $800,000 in punitive damages. Karly Rossiter, 25, has been diagnosed with both strains of the human papillomavirus (HPV), one of which causes genital warts and the other cell abnormalities that can lead to cervical cancer. In a petition filed in March 2007, she alleged that Dr. Alan Evans, a Muscatine, Iowa, dentist, infected her during their 18-month relationship and failed to warn her to take appropriate steps to protect herself from infection. (source) The jury rejected
Individual Rights? Forget Heller
By Jonathon Blevins, Legal Satyricon Second Amendment Correspondent As first reported here and here, the Second Amendment does not act (currently) as a restriction on the states’ power to regulate the right to keep and bear arms. The Heller decision simply laid the foundation for the eventual incorporation of the Second Amendment via the Fourteenth Amendment. Thus, unless you live in D.C. or are currently under Federal jurisdiction, Heller is not a shield from government intrusion. A current illustration of the lack of protection comes from the United States Court of Appeals for the Eighth Circuit. See FN 2. The