News & Media
Randazza: Online Businesses Shouldn't Rely on 'Browsewraps'
Marc J. Randazza explains in an XBiz article why websites should consider reviewing their terms of service. He explains in the article: Based on the Zappos decision and the nationwide applicability of its core holdings, any online business should review their terms and conditions. In particular, relying on a mere “browsewrap” agreement – rather than a clickwrap one – is begging for a court to invalidate those terms. Read More…
Kenneth White brings a human side to the "involuntary porn" fight
Kenneth White is a certified First Amendment Bad Ass. In fact, that’s why I love being co-counsel with him. Another reason is that Ken has this streak in him that brings humility and humanity to my desire to scream murum aries attigit and run screaming at the other side, fully nude, carrying my sword like some hallucinogenic-addled gaul. Well, Ken has done it again. In this post, he calls out Chance Trahan, half of the team behind isanybodydown.com. He doesn’t call him out as a punk, but as a dad. Ken actually manages to play the “family card” without playing
A word on bellwethers
By J. DeVoy As part of its series of posts about BitTorrent litigation, Philly Law Blog recently discussed a “bellwether” trial that U.S. District Michael Baylson has set in the Eastern District of Pennsylvania for numerous cases brought by Malibu Media LLC against several John Doe defendants. In the literal sense, it is a bellwether case, and the trial – should it go forward – appears to be the first of its kind in the nation. Bellwether, though, is a word that has lost all meaning. It is thrown around casually in discussions of politics, economics, and now litigation. However,
Court rules "Dirtiest Hotels" list not defamatory
By Marc J. Randazza The U.S. District Court of the Eastern District of Tennessee at Knoxville recently granted a motion to dismiss after it determined that a plaintiff hotel failed to successfully state a claim of defamation against defendant hotel review site TripAdvisor. In Kenneth M. Seaton, d/b/a Grand Resort Hotel and Convention Ctr. v. TripAdvisor, LLC, the Grand Resort sued after it was ranked No. 1 of 10 on TripAdvisor’s “2011 Dirtiest Hotels” list. According to the Order, one user claimed that the hotel’s bathtub had “dirt at least ½ inch thick” and was filled with dark hair. The
Illinois court rules anonymous comment allegations 'sheer speculation'
A court in the Northern District of Illinois recently concluded that accusations that an internet service provider might have falsified an account in order to leave comments anonymously cannot survive a motion to dismiss. In Hadley v. GateHouse Media Freeport Holdings, a county board member filed a complaint against the publisher of the Journal-Standard for allegedly defamatory remarks made in the comments on its website. 2012 WL 2866463 (N.D. Ill. 2012). The plaintiff stated that under an article published by the Journal-Standard, a person using the name “Fuboy” posted the comment: “Hadley is a Sandusky waiting to be exposed. Check
Stronger Open Records Laws Might have Exposed Sandusky Sooner
After an investigation into the Penn State University’s handling of the Jerry Sandusky sexual molestation scandal, news organizations reported that the university had a long history of covering up for Sandusky’s actions. While university officials may have been at fault for the initial cover up, an exemption to Pennsylvania’s open records law, which protects the university from public inquiry, could have made it easier to hide information for so many years. Source. Pulitzer-prize winning journalist Sara Ganim of the Harrisburg Patriot-News told a group of journalists that the open records laws exemptions shielded Penn State from inquiry. Such documents as
"Police Brutality" = SPAM
While Marc dismantles “attorney David Blade III,” let’s take a moment to consider the plight of Oakland, CA Police Chief Howard Jordan. Chief Jordan’s force has apparently seen better days. A police abuse scandal led to a federal judge ordering him to reform his department and placing him under the supervision of federal court monitor Robert Warshaw. Mr. Warshaw couldn’t figure out why Chief Jordan hadn’t been replying to emails regarding Occupy Oakland and took the issue to the court. Chief Jordan told the court he’d never received the emails, pissing off the judge and revealing that the chief had
Is isanybodydown.com operator Craig Brittain and David Blade one and the same?
On October 30 , my comrade from Popehat, Ken, received an e-mail from Craig Brittain with an originating IP address of 75.70.221.14. Today, I received an e-mail from “David Blade, Attorney at Law” originating from the IP address 75.70.221.14. For both e-mails, the next step in the message’s journey, Google’s mail servers, was IP address 93.114.44.79. Turning back to address 75.70.221.14: This IP address is serviced by Comcast Cable, and originates in Colorado Springs. You can check it yourself at this site. If you’re willing to take my word for it, here’s a map: I am certain this
Still more on isanybodydown.com
If your pictures are posted on isanybodydown.com, contact me. I will represent you free of charge, and I have received many offers from lawyers in other states willing to do the same. If legal action isn’t your thing, maybe a little bit of “turnabout is fair play” might be. It seems that the guy who runs the site pissed off elements of Anonymous some time back. Here is a lot of information about the owner.
More on operation "involuntary porn"
For those of you who liked the “isanybodydown.com” posts, there is an ongoing lawsuit against the owners of a site called “yougotposted.com.” Read, enjoy, crowdsource. Like I said before, I have but two rules when it comes to porn: Rule #1: The subjects must be adults Rule #2: The subjects must be consenting adults. Yougotposted.com, isanyoneup.net, isanybodydown.com, and all of their ilk most certainly violate Rule #2. None of these assholes get the subjects’ consent before publishing their photos, publishing their names, links to their facebook profiles, etc. I’m proud to be part of any case to bring them down
isanybodydown.com responds!
Well, since he puts it this way…. And more emails from him here: I wonder how accurate this information is: And here’s his linked in profile.
Take Down "David Blade, Attorney at Law" and Isanybodydown.com — Who's with me?
When it comes to porn, here are my rules: Rule #1: The subjects must be adults Rule #2: The subjects must be consenting adults If you don’t break either of those rules, I am on your side. I will defend your right to make, watch, display, and sell that content. Break either rule, and I want to hurt you for the damage you do to others. I want to hurt isanybodydown.com. I want to hurt them bad. Who’s with me? Here’s their business plan: Step one: Register the domain name “isanybodydown.com” Step two: Get ahold of nude photos of people
Oh, Japan! What WILL You Think Of Next?
There is a toilet company called Toto. There is a sports lottery agent also called Toto. Therefore, it was only natural that the two companies joined forces to create…. The Super Great Toilet Keeper. And it’s exactly what it sounds like. A goal keeping terlit that shoots little balls toward incoming soccer balls to deflect them out of bounds. This fancy commode was apparently created to emphasize both companies’ green initiatives. I’m not sure what this has to do with reducing one’s carbon footprint, but really, who cares? This thing is awesome. Pew! Pew!
More Pro Bono Fees
Sometimes pro bono clients send you stuff that is much cooler than what you would have bought with any money they could have paid you. Someone just delivered these to the office. Awesome. Skulls full of booze.
Adult Industry Attorney Beth Hutchens Honored for LGBT Work
XBiz reports that attorney Beth Hutchens, who serves as of-counsel to the Randazza Legal Group, recently received an award for her work with the LGBT community from the Phoenix-based group One Community. Hutchens said of the award: To be recognized for my work in fighting to get that to happen, I’m flattered, I’m humbled, and I’m honored. Read More….
The slow creep of the TSA / new site review
By J. DeVoy Roosh, the celebrated love tourist and proprietor of Roosh V, has a new project titled Return of Kings. In one of its first posts, he addresses the TSA’s gradual metamorphosis into a pseudo-police force accountable to no one but themselves. Roosh’s experience is not as jarring as Amy Alkon’s. However, it is jarring to read as a citizen of a country that professes to have and protect the Fourth Amendment. With the flats of his hand he pressed through every inch of my torso. He lifted my shirt slightly and felt around my jean waistline. Then he
Statutes of Limitations
Contributed by Charles Platt For two weeks, now, UK residents have been stunned by an avalanche of revelations–or at least accusations–regarding the BBC and one of its most famous, nationally revered figures, Sir Jimmy Savile, a disc jockey who hosted shows over a period of decades. Savile endeared himself to the British by doing charity work for hospitals, and was even given his own little room at one, allowing him free access to the entire facility. Apparently he used this access to molest young people, many of them under the age of consent, when they were incapacitated or in wheel
Grow House Busted: Children Saved(?)
Yesterday’s headline: “Police Bust Grow House in Henderson.” (source) Well, at least now the good people of the Las Vegas Valley are safer… The house is five houses down from a school. “We act upon every tip that we get. It makes us feel good that we are getting a steady amount of tips every night,” Lt. Laz Chavez of Metro Police said. “We have a lot of children that walk by this house to go to and from the school, and that just goes to show the disregard that these criminals that put together these grow houses.” Police said
Reverend Dr. Phil Snyder
Springfield Missouri Reverend Dr. Phil Snyder makes an impassioned speech to the City Council while it was considering a gay rights issue. He invokes the Bible pretty effectively… watch… all the way to the end. [youtube=http://www.youtube.com/watch?feature=player_embedded&v=A8JsRx2lois]
Al Mancini Miffed That Krave Uses Photo in Promo Piece
Vegas Eater reports on Al Mancini’s right of publicity dispute with Krave nightclub in Las Vegas. The nightclub is using Mancini’s likeness in promotional materials for the new nightclub it plans to open in downtown Las Vegas. Attorney Marc J. Randazza, who represents Mancini, said in the article: “The owners of Krave Massive never sought permission to use Mr. Mancini’s image. They violated Mr. Mancini’s right of publicity in his image and his copyright in the photo.” Read More…