News & Media
Marc Randazza Calls Attention to An Objectionable Trademark Case
The adult industry news newtwork Xbiz published an article where Marc Randazza comments on the case filed by The Slants, an Asian American rock band. The case will be heard by the Supreme Court. The Supreme Court’s decision may effect the decision on NFL’s Washington Redskins trademark case. Industry attorney Marc Randazza says the adult entertainment biz should closely follow a trademark protection case that will be argued before U.S. Supreme Court justices. Read the entire article here.
Freedom of Expression and Morality Based Impediments to the Enforcement of Intellectual Property Rights
In the case of intellectual property rights (IPRs), some nations erect barriers to the protection of IPRs on the basis of “morality.” This paper will examine the implications of morality-based impediments to the enforcement of IPRs and their supportability under international agreements. There are significant freedom of expression issues to consider when we think about “morality” getting in the way of intellectual property rights. If that description doesn’t make you run to download it, it manages to include an academic discussion of “Cumfiesta”, “Screw You”, “Nut Sack Ale”, and Japanese porn being stolen in Taiwan. Beat that. Download the paper to learn more
Now Her Children Gather Round Her
by Jay Marshall Wolman Georgetown University has decided to violate Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. In a grand gesture that has alternately received praise or been derided as empty, the descendants of some 272 slaves sold by the Jesuits in 1838 to keep the ship afloat will now receive an admission preference. Missing from the discussion is a conversation about racial discrimination. More commonly seen in employment law, there are two major categories of discrimination: disparate treatment and disparate impact. Disparate treatment claims are pretty straightforward, where you generally try to show overt or masked bias (e.g. “No Irish Need Apply”). Disparate impact is harder. First established in Griggs v. Duke Power, 401
Court Denies Request to Unmask Anonymous Online Posters
A recent case in Florida federal court provides a reminder of how important it is to plead sufficient allegations against every defendant, even unidentified John Does. COR Clearing, LLC v. Investorhub.com, Inc., Case No. 4:16-mc-00013-RH-CAS (N.D. Fla. May 11, 2016) is a case about unmasking anonymous Internet posters, but because the plaintiff was sloppy in its allegations, the court was able to deny its request to identify the posters without substantially addressing the First Amendment. The plaintiff, COR, filed a suit in Nebraska federal court against a company called Calissio Resources Group, Inc. (and other agents/employees), alleging that Calissio defrauded COR of over $4 million by giving dividends to shareholders who were not entitled to them. COR claimed that this
Randazza: Kosovo Deserves Digital Independence
When I did my LLM in Italy, I got sat at the “Muslim Table” during a dinner. They plunked down three bottles of wine. I said “well, as long as you guys don’t mind me drinking here, I’ll be happy to be at the Muslim table.” The guy next to me says “I can not allow an American to drink alone. May Allah forgive me.” Then we drank all the wine. Then we realized that we actually look a lot alike. Like creepily so. A long friendship was born. He happened to be from Kosovo. Well, anyhow, I was emailing with him, and noticed that his government email address ended in .com. I asked “what the hell is up with
The Guardian Article on Randazza Amicus Brief
UK newspaper The Guardian published an article on Friday about attorney Marc Randazza’s fight to protect the Klingon language from being restrained by copyright. The brief, filed on behalf of the Language Creation Society in lawsuit between Paramount Pictures and the producers of a fan-made Star Trek film, argued the constructed languages are not subject to copyright, no matter who created them. Randazza argued that Klingon has escaped its creators thanks to the “thousands of people” who have made it “an actual living language”. Paramount could own a dictionary or dialogue from a script, he argued, but not a language used by Star Trek fans and others at conventions and colleges, in books and TV shows, and even during weddings.
Irish Legal News Reports on Randazza Amicus Brief
Irish Legal News published an article on Thursday commenting on a brief of amicus curiae filed by attorney Marc Randazza on behalf of the Language Creation Society seeking to protect the Klingon language from copyright control. The brief was filed in Los Angeles federal court in the matter of Paramount Pictures v. Axanar Productions. The Language Creation Society insists that Klingon is “an actual living language” that is therefore not subject to copyright law. It concludes: “Thus, Defendant’s motion to dismiss should be allowed with respect to Plaintiffs’ copyright claims over the Klingon language.” Read the entire article here.
Uproxx Comments on Randazza Brief
Popular news website Uproxx published an article on Thursday discussing the legal fight waged by attorney Marc Randazza, seeking to protect the Klingon language from copyright protection. Randazza filed the amicus curiae brief pro bono on behalf of the Language Creation Society in the matter of Paramount Pictures v. Axanar Productions. The problem with that argument is that Klingon is very much a living language. The Klingon Language Institute has focused on translating the English classics into Klingon, and translates current SF stories as well. Official government communications have been issued in Klingon. You can even use Google in Klingon. Few, if any, of these projects were licensed by Paramount, and even if they were, that does raise the question of
The Recorder Discusses Amicus Brief by Attorney Marc J. Randazza
The Recorder, a leading online legal news publication, wrote Thursday about an amicus curiae brief filed by attorney Marc Randazza in the matter of Paramount Pictures v. Axanar Productions. Randazza filed the brief on behalf of the Language Creation Society arguing that the Klingon language was not subject to copyright, as Paramount asserted. To say the filing is colorful doesn’t do it justice. Submitted by Marc Randazza of Las Vegas-based Randazza Legal Group, it is peppered with Klingon sayings—including a translation of a phrase from the 1998 film “The Big Lebowski.” Read the entire article here.
Consumerist: "Paramount Does Not Own Klingon Language"
On Thursday, popular the popular Consumer Reports blog Consumerist reported on the fight waged by attorney Marc Randazza against attempts to copyright the Klingon language. As we reported earlier this month, Paramount Pictures is trying to block a crowdfunded Star Trek fan film based, in part, on the studio’s claim that it actually owns the copyright on the Klingon language. Now the Language Creation Society has chimed in on the case, making the argument that Paramount can’t claim ownership on a fictional language. Read the article here.
Amicus Brief by Marc Randazza Draws Article by Newser
Newser, an online news publication, wrote Thursday about a brief filed in Los Angeles federal court by attorney Marc J. Randazza in the matter of Paramount Pictures v. Axanar Productions. … attempting to copyright Klingon is absurd given the language is an “idea or a system.” Read the entire article here.
Public Knowledge Author Praises Marc Randazza Amicus Brief
In an article on Public Knowledge published Thursday, copyright expert Charles Duan praised Marc Randazza’s amicus brief on behalf of the Language Creation Society in the matter of Paramount Pictures v. Axanar Productions. In my almost three years at Public Knowledge, I have never been so delighted as this morning when I saw an amicus curiae brief in the lawsuit over copyright in the constructed language Klingon – which opens by quoting a Klingon proverb, in Klingon script. Read the article here.
Lawyerist Praises Marc Randazza Amicus Brief
On Thursday, the popular online legal blog Lawyerist praised Marc Randazza’s amicus brief submitted in the case Paramount Pictures v. Axanar Productions. Randazza, the managing partner of Randazza Legal Group, filed his brief arguing that the Klingon language should be protected from copyright control by Paramount. The Lawyerist wrote: Marc Randazza is hands down the most entertaining legal writer in the English Klingon language. Read the article here.
Marc Randazza Brief Subject of Entertainment.ie Article
Irish online entertainment news site Entertainment.ie recently published an article on Marc Randazza’s amicus brief fighting for legal independence of the Klingon language. Fans have gone on to create fully working English-Klingon dictionaries. However, Paramount CBS, the creators behind Star Trek, are now locked in a legal battle with hardcore fans who want to ensure that the Klingon language belongs to fans and not to corporate interests. Read the rest of the article here.
UK’s The Register comments on Klingon brief by Marc Randazza
The United Kingdom’s IT publication, The Register, recently published an article describing attorney Marc Randazza’s efforts to keep the Klingon language from copyright encroachment. But, the Language Creation Society says, although it is “understandable that Paramount might feel some sense of ownership over the creation,” the reality is that it has since become a much bigger thing. “The language has taken on a life of its own,” reads the society’s court submission. The organization liberally scattered Klingon phrases and proverbs in its text to make its point. The case will be heard on May 9, 2016 in Los Angeles federal court. Read the rest of the article here.
Brief by Marc Randazza discussed by The Lawyer Herald
The Lawyer Herald, an online legal news publication, wrote Friday that a brief filed in the case of Paramount Pictures v. Axanar Productions has “spark[ed] debate.” Language Creation Society has recently filed an amicus brief on behalf of the defendants, arguing the merits of whether the Klingon language could be copyrighted. The date continues on, as the parties await a hearing set for May 9, 2016 in Los Angeles federal court. Read the entire article here.
The Financial Post comments on Marc Randazza’s Brief in Paramount v. Axanar Productions
On the heals of the filing of a brief of amicus curiae by Randazza Legal Group managing partner Marc Randazza, The Financial Post published an article discussing the brief. The article, in part, says: The brief provides numerous examples of the widespread cultural use and academic study of Klingon. The court document is also liberally peppered with Klingon proverbs, words, typeface and attitude. To wit, the society says the film studio may live to regret making a legal claim on the Klingon language: “By opening this door, Plaintiffs will learn ‘rut neH ‘oH vIta’Qo’ Qob law’ yu’ jang.’” A footnote explains the citation: “This Klingon proverb translates to ‘Sometimes the only thing more dangerous than a question is an answer.’”
Marc Randazza Fights for Klingon Language
When Paramount Pictures sued a production company over a crowd-funded fan film called “Axanar,” Paramount asserted copyright over the Klingon language. On behalf of the Language Creation Society, Randazza Legal Group filed a pro bono amicus brief in the case, arguing that languages are not subject to copyright. The brief states: “Given that Paramount Pictures commissioned the creation of some of the language, it is understandable that Paramount might feel some sense of ownership over the creation. But, feeling ownership and having ownership are not the same thing. The language has taken on a life of its own. Thousands of people began studying it, building upon it, and using it to communicate among themselves.” “It would not take a Vulcan to
Tax Prep Company Tries To Sue Unhappy Customer Into Silence; Hit With Damages In Anti-SLAPP Order
Pamela Boling (represented by Marc Randazza) hired IQTaxx to prepare her taxes, including the filing of a hardship notice. IQTaxx failed to do so. Boling turned to Yelp and left a review detailing her experience with the company. Shortly thereafter, IQTaxx sent a cease-and-desist to Boling over her “exaggerated emotional rant review.” Defamation does not cover exaggerations or emotional rants, but rather false statements purporting to be facts. The court finds the company has failed to satisfy both prongs of Nevada’s anti-SLAPP test. Check out the Techdirt article here.
"Kosovo’s Digital Independence: Time for Kosovo’s ccTLD" by Marc Randazza
Eddie Izzard famously said “no flag, no country.” However, in this age, a flag is not the most important prerequisite for independence. In fact, the concept of “independence” now includes “Digital Independence.” Kosovo deserves to have full recognition of its independence — including in cyberspace. Kosovo gained territorial and de facto political independence. Nevertheless, ICANN refuses to pay it the respect it deserves by granting it full digital independence in the form of giving it its own country code top level domain. Objections to Kosovo’s online independence lack any honest justification, and its digital independence should not be held hostage by old Balkan rivalries or bureaucratic intransigence. This article makes the case for Kosovo to be granted full digital independence. Download