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Liberty Media Says File-Hosting Company Infringes Adult Films

Bloomberg reports on the latest copyright filings, including a suit filed by Liberty Media Holdings, which is represented by attorney Marc J. Randazza.  The adult film company recently filed a complaint against Oron.com. The complaint states: The storage company “is cognizant of its role as the vehicle in which infringers act in concert with one another to copy and distribute huge amounts of infringing material.” Read More…

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Quote for the day

“Would there be any freedom of press or speech if one must reduce his vocabulary to vapid innocuous euphemisms?” -Judge Clayton Horn in ruling that Allen Ginsburg’s poem, Howl, was not legally obscene.

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Oron's Assets Ordered Frozen in U.S., Hong Kong

XBiz reports that Oron.com’s assets were frozen in Hong Kong after Corbin Fisher asked for a temporary restraining order against it, alleging copyright infringement. Attorney Marc Randazza serves as general counsel for Corbin Fisher. The article states: Corbin Fisher on Wednesday filed a $34.8 million copyright infringement against Oron and its operators, claiming they had knowledge and induced the trading of pirated porn on its site. Read More…

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Corbin Fisher Hits Oron With $34.8M Infringement Suit

XBiz reports that Corbin Fisher, for whom attorney Marc Randazza serves as general counsel, filed an infringement lawsuit against Oron.com.   The complaint states: If the Copyright Act is to mean anything, it should mean that such schemes do not provide a source of profit for the cyber criminals who engage in them. Read More…

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Corbin Fisher Sues Oron.com Cloud Storage Service

AVN reports on Corbin Fisher’s lawsuit against  Oron.com.  Attorney Marc Randazza serves as general counsel for Corbin Fisher. The complaint filed by Corbin Fisher states: Oron.com’s business model fosters and promotes the infringing of Plaintiff’s exclusive rights through copying, storing, distributing, displaying, and profiting from the unauthorized use of Plaintiff’s copyright protected works. Oron also fosters and induces others to act in concert in order to infringe upon Plaintiff’s copyrighted works. Read More….

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Piping hot Oatmeal: Update on Charles Carreon’s lawsuit

Robot 6 weighs in on The Oatmeal v. FunnyJunk dispute, quoting what various bloggers have said on the issue.  In the post, attorney Marc Randazza says of attorney Charles Carreon: I’ve always known him to be a reasonable, intelligent, and speech-protective type of guy. So, I really can’t tell what is going on in his mind. Read More…  

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Metabolic Research v. Ferrell – Nevada Needs a Revised Anti-SLAPP Statute, but the 9th Circuit Gives us some Daylight

As a lawyer licensed in five states (MA, FL, CA, AZ, and NV) and who practices free speech law nationwide, I am in a position to comment on the relative merits of various states’ views on First Amendment principles. Among the many states where I have worked on cases, Flori-duh is the worst. Hands down. It has no anti-SLAPP law to speak of. Its state legislation intended to deter frivolous litigation, Fla. Stat. 57.105, looks great on the books but is a “paper tiger.” While the statute was amended in 2002 to give it some real teeth, the state judiciary

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Charles Carreon Has a Point Here

It seems that Carreon is now on a campaign to unmask the person who created a fake twitter account using his name. See Ars Technica. The person set up a twitter account with the handle “@Charles_Carreon” and then began tweeting “abrasively.” Now it seems that he is on a campaign to unmask that person, and presumably add them in to his lawsuit. The lawsuit itself is still rotten to the core. His theory that the person was “incited by Inman” is absurd. But, if you’re going to satirize someone, you don’t have the right to do it while impersonating them

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Bleg: Undergroundzero Festival Needs Your Support

The undergroundzero cooperative and festival needs your support! The undergroundzero cooperative (www.undergroundzeronyc.org) is a group of independent artists that produce and present an annual festival of contemporary theater, dance and performance in repertory. Created originally as an annual guest artist festival, it has now evolved into a resident coalition of established independent theater companies producing in New York City. They recruit artists to join the festival on an invitation only basis. The festival does not curate or select individual productions – the decision on what to make is the artist’s alone. In addition to the work of the resident artists,

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Carreon Triples Down — Sues Matthew Inman

Well, Charles Carreon really did it good this time. Instead of backing away from the dispute, like he should have, he’s filed suit against Matthew Inman and Indiegogo. Carreon v. Inman Complaint. For those of you who didn’t catch the story the first time around, Carreon represents a website called “Funny Junk.” Funny Junk is a “user generated content” site — so they say they don’t post any content of their own, it all gets posted by their users. Inman, publisher of The Oatmeal, kept finding his content up on Funny Junk, and got sick of it. So, he posted

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The Oatmeal Responds (Through Counsel)

I have, so far, not joined in the pile-on Charles Carreon that resulted when he sent his ill-considered demand letter to The Oatmeal. I did, however, fear that The Oatmeal might not be represented by good counsel who knew how to crush the demand. I stand corrected, as I have discovered that The Oatmeal is represented by none other than Venkat Balasubramani, who will lay a motherfucking smackdown if you make him. While The Oatmeal’s response is funnier, Venkat brings his A-Game here.

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"You're so gay" not defamatory in New York

Good news. Telling someone “you’re so gay” will no longer get you hit with a defamation suit in New York. (Source).  At the end of May, the Third Department of the New York Appellate Court held that because of changing attitudes about homosexuality, calling someone gay who isn’t is no longer defamation per se. Per se categories of defamation include “statements (i) charging [a] plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that a plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman.” Id.  According

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James John Brennan, BOOM!

James Brennan wasn’t anyone that most of you have ever heard of. He was my high school history teacher, and he died in a car accident yesterday. Brennan was a comical figure. Thick coke-bottle glasses. Wild unkempt hair. Always prone to screaming non-sequiturs either at you, or just down the hallway. If you got a question really wrong, he might just look at you and ask “your parents never tell you they love you, do they?” Brennan taught us the “forearm shiver” and would scream CEMENT!!! or BOOM!!!! at us. If you weren’t in his class, I don’t think I

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Conservative bloggers claim retaliation for crowd-sourcing posts

In an online flame war spanning across party lines, conservative bloggers say they have been targeted recently for blogging about Brett Kimberlin, a man who was convicted in the 1980s of bombings in Speedway, Ind. (Source). The bloggers started  “Blog about Brett Kimberlin Day” movement to make the public more aware of him after he became a political activist. The bloggers now say that they are being retaliated against in the form of SWAT-ting—a tactic that allows hackers to infiltrate a victim’s phone system to call emergency services so it appears the phone call is coming from the residence. Blogger

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ACLU sues after middle school girls expelled over Facebook comments

The ACLU filed a complaint in the Northern District of Indiana against the Griffith Public School district after it expelled three middle school girls for a lengthy conversation they had on Facebook outside of school hours.  According to the complaint, the conversation “spanned numerous subjects,” beginning with one girl complaining on her Facebook wall about cutting her legs while shaving (#FirstWorldProblems), before turning to which classmates they would kill if given the chance. The comments were littered with the typical cutesy teenage girl sprinklings of emoticons, OMGs, and LOLs, and most of the comments were directed toward the “ugly” girls,

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You are Fined Twenty Dollars for Violation of the Verbal Morality Statute.

Creating a well-timed and well-phrased barrage of expletives has been around since the beginning of time and those who have mastered the art should be revered as national treasures (George Carlin, rest in peace). Middleborough, Massachusetts does not share this sentiment. Frustrated malcontent Mimi Duphily was fed up with young hooligans dropping the F-bomb near her auto parts store. So she did what any twat rational, intelligent human being would do- Persuade the city council to permit local police to issue fines to individuals cursing in public. Source 1. Source 2. The current Middleborough ordinance is based on a previous

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What What, Fair Use on a 12(b)(6)?

“What what, in the butt?” was the question recently before justices Easterbrook, Cudahy and Hamilton in the appeal of Brownmark Films LLC v. Comedy Partners from the Eastern District of Wisconsin. (Opinion)  At issue was whether South Park’s interpretation of Samwell’s “What What In The Butt,” as performed by Butters in the episode “Canada on Strike,” was non-infringing fair use under 17 U.S.C. § 107.  More interestingly, though, was that Comedy Partners raised the defense on a 12(b)(6) motion to dismiss – without any discovery or opportunity therefor (see FRCP 56(d), formerly Rule 56(f)).  The Eastern District of Wisconsin agreed

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Your Time Is Their Time (Wasn’t There An Amendment Against That Sort Of Thing?)

Amy Alkon discusses the New York Bar’s new pro bono requirement in Mens News Daily.  In her post, Alkon describes some of the virtues of pro bono work–including the pro bono work provided to her by attorney Marc Randazza. Alkon says: I couldn’t have afforded a lawyer to defend me, but that doesn’t mean I am entitled to a lawyer’s time. Marc cares about free speech and was extremely generous in its — and my — defense. Read More…

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Boston to $10,000!

A law firm in Boston is offering the princely sum of $10,000 per year. (source) Well, in all fairness, that is the projected income for the incoming associate. “Compensation is mainly based on percentage of work billed and collected … We expect an associate to earn $10,000 in compensation in the first year.” Still, if you ever were wondering just what a scam your toilet for-profit law school is, this should be a hell of a wake up call. This job was posted to the Boston College career services website, and the firm claims that it got 35 applications. If

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