News & Media
Psha! Public Domain Schmublic Domain.
I don’t know about anybody else, but I always feel like the nerd invited to eat lunch with the popular kids with the USSC hears an IP case. Yesterday, the Big Dogs heard a nifty little First Amendment Copyright case that I honestly don’t know how to feel about yet. But pay attention to this one, kids. It’s a doozy.
More on Nevada's anti-SLAPP law
By J. DeVoy Can Nevada’s anti-SLAPP statutes, for their many flaws, thwart a privately brought federal claim? Why yes, they can. Anti-SLAPP laws come in two flavors: procedural and substantive. Substantive anti-SLAPP laws, such as the previously proposed federal anti-SLAPP law, provide qualified immunity for protected statements and create or crystallize the speaker’s rights. In contrast, procedural anti-SLAPP laws provide a
Gimme back my copyright, beyotch!
A recent addition to what could be the next tsunami of copyright suits, Jim Peterik of 1982 Survivor fame is contemplating getting the rights back for the gloriously awesome song “Eye of the Tiger”. Source. Termination rights are covered in Title 17. Long story short, if you licensed or assigned your copyright to someone after Jan. 1, 1978, you (or
Welcome a New Satyriconista
We got together in the lab and decided to cook up a new Satyriconista. A few grave-robbed parts here, a brain from a mental patient, stole a little swagger from Chuck Norris, applied a little radiation and 1.21 Gigawatts of power, and BAM! Please welcome Beth Hutchens. Beth Hutchens is a Phoenix-based Intellectual Property attorney with a penchant for good
The Company We Keep
Bahrain is one of our “allies.” (source) How they dealt with pro-democracy protesters was no better than how China dealt with theirs in Tiananmen Square. Now, they are prosecuting doctors for treating injured protesters – including sentencing one woman to 15 years. (source) Bahrain, ruled by the Sunni Muslim Al-Khalifa family, is pretty damn insecure, as it well should be.
Invasion of the Body Searchers
The New Zealand Herald discusses the TSA’s aggressive search of Amy Alkon at Los Angeles International Airport (“LAX”). Alkon publicly described her searcher’s extreme examination of her body, including pushing her hand into Alkon’s genitals, as “rape.” The TSA agent sent Alkon a threatening letter through counsel, warning of a defamation suit and offering to settle the dispute for $500,000.
Too Sexy for Crisp Skin?
By Tatiana von Tauber People for the Ethical Treatment of Animals (PETA) thinks this chicken is just too sexy for anyone to see, “downright offensive” in fact. “When I saw it I just couldn’t believe that an editor of The New York Times would find it acceptable,” PETA’s founder and president Ingrid Newkirk told The Atlantic Wire. “It’s downright offensive,
Toilet Law School Files Feces Defamation Suit
By Marc J. Randazza I’m not much of a prestige whore, but I’m not blind to the reality that Thomas M. Cooley Law School is a standalone punchline within the legal profession. I’m familiar with its absurdly large class sizes, its questionable practice of culling the bottom few percent of its students each year to ensure high enough bar passage
5th Circuit Rules in Favor of Student Speech Rights
The Fifth Circuit Court of Appeals ruled that students who handed out christian-centric materials to other students had a First Amendment right to do so. School principals who prohibited this student-to-student speech violated the students’ First Amendment rights, the Court held. “We hold that the First Amendment protects all students from viewpoint discrimination against private, non-disruptive, student-to-student speech,” Judge Jennifer
Texas Abortion Runs Afoul of the First Amendment
A Texas law designed to deter abortion will remain enjoined. U.S. District Judge Sam Sparks, of Austin, blocked enforcement of significant portions of the sonogram law on Aug. 30, until the case is resolved. Sparks found the law violates the First Amendment, ruling that requiring doctors to show a woman seeking an abortion the sonogram images, describe those images to
Sarah Palin Threatens a SLAPP Suit. Stupid? You Betcha!
By Marc Randazza Sarah Palin always seems to be talking about families. Despite bashing that door open, she takes such umbrage when anyone mentions her own. So, When writer Joe McGinniss starts digging for facts and sources to complete his book “The Rogue: Searching for the Real Sarah Palin,” what does Sarah do? She lawyers up and threatens to sue…
Righthaven on the small screen
By J. DeVoy I recently caught up with a college friend who does not work in law, who asked me about Righthaven since he had read several articles linked on this blog and on my facebook account. I explained the status of the approximately 18-month litigation campaign. After a few moments of confused silence, he told me it would be
Brazil denies reality, considers banning racy lingerie ad
By J. DeVoy It has not been a good week at Tom Brady’s house. First the Patriots lost to the Buffalo Bills, perennial failures and four-time consecutive Super Bowl losers, and now Brady’s better half, Gisele Bundchen, might have her ad for an intimate apparel company banned in Brazil. Sure, she probably got paid already, but it doesn’t auger well
Give it a rest already – Myths and Facts about mass copyright litigation
by Vaughn Greenwalt The latest criticism of mass-copyright litigation follows the same mantra of previously-pissed patrons: “I know I stole your porn but I’ll be embarrassed if anyone finds out so you can’t sue me!” Cut the crap already, “shame” is not a legal defense. Lets play fact or fiction with the latest misleading article which was, oddly enough, endorsed
Righthaven loses in Colorado
By J. DeVoy Yesterday, the District of Colorado dismissed Righthaven LLC’s copyright infringement lawsuit against Leland Wolf and the It Makes Sense Blog in Righthaven LLC v. Wolf et al., Case Number 1:11-cv-00830. The Wolf case was the only active matter in Righthaven’s 57 cases filed in the District of Colorado, as the more than 35 cases that were ongoing
The best parodies / derivative uses always involve muppets
By J. DeVoy This is the trailer for The Girl With The Dragon Tattoo. It was a popular book, so naturally I neither read nor cared about it. Trent Reznor of Nine Inch Nails fame scored the movie, which includes a cover of Led Zepplin’s Immigrant Song, performed with Karen O of the Yeah Yeah Yeahs. [youtube http://www.youtube.com/watch?v=WVLvMg62RPA&w=560&h=315] Never to
Two chicks making out…
…is apparently not allowed on Southwest Airlines. (Source) It is allowed, and encouraged, on The Legal Satyricon. [youtube=http://www.youtube.com/watch?v=s6bpOd0Qn_0]
S.C. Public School Invites Christian Rapper to Perform
I understand why people want the government and the public schools to back up their religion. Here you have a bastardization of a 2000 years old cult. It is based upon lies, fairy tales, and superstition. How else are you going to perpetuate this set of beliefs without brainwashing impressionable young kids with it, or getting the government to stamp
University Pig Decides She Will Not Tolerate a Challenge to her Authoritah
A professor at University of Wiconsin – Stout, put up a poster from the sci fi series, Firefly. The poster had some macho shit on it about where and when the character would kill one of his enemies. Some worthless fuckhead in the school’s administration (Lisa Walter, the chief of police) lost her shit, and hadthe cops come tear down
Student Suspended for Saying Homosexuality is Wrong
A Texas teenager expressed his opinion that, since he is a “christian,” he believes that homosexuality is wrong. Makes sense. This magic space zombie jew created heaven and earth, but the thing that really makes him mad is if two guys’ dicks touch. His teacher wrote him up for expressing his opinion, and the school suspended him. I’m all for