David Ardia's blog

The Role of Citizen Media in Ensuring Fair Elections

Yesterday, I read an article in the New York Times describing the fears some voters in Duval County, Florida have that their early votes will be lost and never counted.  I found the article deeply disturbing.  It wasn't because it surprised me that people fear their votes won't be counted (that fear has some precedent in Duval County, where 26,000 ballots were discarded in the 2000 election), but because it brought into focus for me the apprehensive feelin

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Marking the Ten Year Anniversary of the DMCA

Today marks the ten year anniversary of the Digital Millennium Copyright Act (DMCA), which President Clinton signed into law on October 28, 1998.  For background on the DMCA, see our legal guide here and here.  Now that we've had a decade to get to know the DMCA, it's time to reflect on the changes this important law has engendered.

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U.K. Man Sued for Libel over Feedback on eBay

The Telegraph is reporting that a U.K. man has filed a libel lawsuit over negative feedback he received from a buyer on eBay:

Chris Read used the auction website's feedback facility to claim that the device he was sold by Joel Jones, a 26-year-old businessman from Suffolk, did not live up to its billing.

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Law School Classmates Fight Over Hog on Ice

Those of you who are regular readers of this blog know that we maintain a database of legal threats (lawsuits, subpoenas, C&D letters, etc.) directed at online and citizen media (BTW, if you know of a threat that we've missed, please add it). One of the things we try to collect for every entry is whether a party is represented by a lawyer.

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Copyright, Politics, and McCain's Request for Special Treatment

Last week we reported that the McCain campaign had sent a letter to YouTube complaining that its campaign videos were being removed from YouTube as a result of unjustified DMCA takedown requests sent by news organizations whose footage was included in the videos.

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CMLP Joins with YouTube and PBS to Help Citizens Video Their Vote

As part of a new project spearheaded by YouTube and PBS called "Video Your Vote," the Citizen Media Law Project is researching the laws regulating recording activities at polling places.  Our specific focus is on the laws that impact voters' ability to document their own voting experiences through video and still photography, as well as their ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places.

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Celebrating Open Access Day

I am sitting in the Berkman Center's conference room listening to Stephen Schultze give an impassioned appeal to increase public access to government information, especially federal court records.  You can listen to his talk through a live webcast feed. Here is a summary of Steve's presentation:

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Will Your ISP Stand Up for Your Free Speech Rights?

There are a lot of things to consider when making the decision to launch a blog or website, including questions of cost, ease of use, and ownership of content.  Understanding how these considerations impact your legal rights and potential liability can help you make an intelligent choice as to what platform to use and what precautions to take when you speak online (we've got a whole section on these concerns, and others, in our legal guide).  But one area most people tend to overlook is whether their

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YouTube Anti-Scientology Takedowns and Putbacks

The Electronic Frontier Foundation reports on some good news, and bit of bad news, regarding the blizzard of DMCA takedown notices sent to YouTube on behalf of the Church of Scientology.

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New Insurance Program for Bloggers Offered by the Media Bloggers Association

Here is a simple, but often ignored, truth: if you publish online, whether it's a news article, blog post, podcast, video, or even a user comment, you open yourself up to potential legal liability.  It doesn't matter whether you are a professional journalist, hockey-mom, or an obscure blogger, if you post it, you'll need to be prepared for the legal consequences. 

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Libel Tourism: A First Amendment Holiday

Over the past few months, I've blogged several times (see here and here) about the proposed federal Free Speech Protection Act of 2008, which would allow a federal court to enjoin the enforcement in the United States of a foreign libel judgment if the speech at issue would not constitute defamati

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Print-on-Demand Service BookSurge Deemed Not To Be a "Publisher"

Back in July, a federal court in Maine ruled that BookSurge, a print-on-demand service owned by Amazon.com, was not liable for defamatory statements contained in a book it "published" on behalf of one of its clients.  Sandler v. Calcagni, 2008 WL 2761892 (D. Me.

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Judge Rejects Fair Use Defense in Harry Potter Lexicon Case, J.K. Rowling Recovers Her Plums

In a long-awaited decision in the case of Rowling v. RDR Books, a federal judge in New York has ruled in favor of J.K. Rowling and Warner Bros.

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Cape Cod Blogger Peter Robbins Sued For Libel Over Comments About Local Dredging Dispute

Peter Robbins, author of the Robbins Report, a blog that appears on the popular community website Cape Cod Today, and an anonymous commenter have been sued over statements they made criticizing a group of Barnstable, MA residents who opposed the dredging of Barnstable Harbor.  The case raises a host of interesting questions, including whether the statements at issue are protected

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Analysis of the MBTA's Lawsuit Against Three MIT Students Who Discovered Flaws in the T's Fare System

Our very own Tuna Chatterjee is featured this week on the award-winning legal-affairs podcast Lawyer2Lawyer.  Tuna discusses the Massachusetts Bay Transportation Authority's (MBTA) recent lawsuit against three MIT students who discovered significant security flaws in the MBTA's fare system.

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Blogger Arrested for Leaking Songs from Unreleased Guns N' Roses Album

Kevin Cogill, a blogger on Antiquiet, a site that provides "uncensored music reviews and interviews," was arrested yesterday at his home near Los Angeles on suspicion of violating federal copyright law after he allegedly posted nine songs from the unreleased -- and highly-anticipated -- Guns N' Roses album "Chinese Democracy."

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Wisconsin Website Operator Files Lawsuit Over Frivolous Demand to Take Down Link to Local Police Department

I just updated one of the more frivolous entries in our legal threats database, which has now spurred a federal lawsuit.  While it is barely worth blogging about, I thought it might be valuable as a cautionary tale for those who believe sending cease-and-desist letters is a no-lose proposition.   

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