Sam Bayard's blog

Senator Lieberman Asks YouTube to Take Down Radical Islamist Videos

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On Monday, Senator Joe Lieberman wrote to Google's CEO Eric Schmidt, asking the company to remove content produced by Islamist terrorist organizations from YouTube. The May 19 letter pointed out that many videos posted by radical groups violate YouTube's own terms of service because they contain "graphic or gratiuitious violence." But Sen.

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MySpace Wins Important CDA 230 Case in Fifth Circuit

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Last Friday, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of negligence claims brought against MySpace by the family of a teenage girl who used the popular social networking site to communicate with and arrange to meet a nineteen-year-0ld boy who sexually assaulted her.

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Evans v. Evans: Appellate Court Throws Out Prior Restraint

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Yesterday, a California appellate court struck down a brazenly unconstitutional preliminary injunction prohibiting two defendants from making "false and defamatory statements" about, or publishing the "confidential personal information" of, Thomas Evans, a deputy sheriff in San Diego. The case, Evans v. Evans, 2008 WL 2009669 (Cal. Ct. App.

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Crazy Legal Battle Between Newspapers Settles, But Leaves Worrisome Fair Use Decision Intact

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Many readers are probably familiar with the meltdown of the Santa Barbara News-Press, a local daily newspaper in Santa Barbara, California. Starting in 2006, reporters and editors of the newspaper clashed with now-infamous Wendy McCaw, controlling shareholder of Ampersand Publishing LLC, which owns the paper. Tensions swirled around McCaw's perceived intervention in editorial and reporting judgments, traditionally left to the paper's professional staff.

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Proposed Reform of Massachusetts Open Meetings Law Disappoints

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This weekend, the Boston Globe published a thoughtful op-ed by Robert Ambrogi on efforts to reform the Massachusetts open meetings law. Ambrogi points out that the current open meetings law does not provide for civil or criminal penalties against government officials who violate the law.

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Saudi Blogger Fouad Ahmad Al-Farhan Released

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After four months, the Saudi Arabian government has released popular Saudi blogger Fouad Ahmad Al-Farhan without charge. Authorities arrested Fouad in December after warning him about posts supporting an activist group on his blog at فؤاد أحمد الفرحان. From the time of his arrest, Interior Ministry officials were evasive about the reason for his detention, explaining only that it was not related to state security.

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How Trademark Law Casts A Dark Cloud Over Free Speech

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Bill McGeveran, a University of Minnesota law professor and friend of the CMLP, has published his article, "Four Free Speech Goals for Trademark Law" in the Media & Entertainment Law Journal, volume 18 (available at SSRN).

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Check Out The SPJ Citizen Journalism Academy

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The Society for Professional Journalists is hosting a series of one-day "Citizen Journalism Academy" workshops in Chicago (May 17), Greensboro, North Carolina (June 7), and Los Angeles (June 28). The idea is to provide training and information for citizen media creators on topics ranging from media ethics, to standard journalistic practices, to law. From SPJ:

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Oregon Claims Copyright in Its Statutes -- Well, Sort Of

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Just last week, I was ruminating on the viability of state claims of copyright in government records. At the time, I was pretty confident that a state wouldn't be crazy enough to claim copyright in its own statutes, both because caselaw suggests this would be legally invalid and because it would be shoddy public policy.

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Rowling v. RDR Books: Harry Potter Lexicon Trial Starts Today

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The trial in Rowling v. RDR Books starts today in the United States District Court for the Southern District of New York. The New York Times reports that Rowling herself will take the witness stand.

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Internet Solutions v. Marshall: Internet Defamation Case Dismissed for Lack of Personal Jurisdiction

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A quick update on the Internet Solutions v. Marshall case, which I've blogged about at length previously. This case is significant to us because Tabatha Marshall, the defendant, was the first user of our website to submit information about her case through our threat entry form.

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What Were They Thinking?

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As reported by the Trademark Blog, Woody Allen is suing American Apparel for misappropriation of his name and likeness. Admittedly, it's not the heartland of citizen media, but it is a simple lesson on exactly what not to do with celebrity images. 

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Roommates.com - Just How Big A Hole Did the Ninth Circuit Poke in CDA 230?

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By now you've heard that the Ninth Circuit, sitting en banc, reaffirmed the previous Roommates.com decision.

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T-Mobile Asks Engadget to Stop Using the Color Magenta

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I was sure that this was an April Fool's joke. But alas, it's true. Deutsche Telekom, the parent company of T-Mobile, sent Engadget a letter a few weeks ago, requesting that the popular tech blog stop using the color magenta in the logo for its Engadget Mobile news blog. Here are the two logos side-by-side (courtesy of Engadget):

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TechCrunch Sues Facebook for $25 Million!!

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Breaking news -- TechCrunch founder Michael Arrington is suing Facebook for unauthorized use of his name and likeness. In apparent disregard of the tech blogger's publicity rights, the social networking giant has been allowing advertisers to post ads on user profiles using Arrington's picture and name to endorse their products without permission.

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Heading to L.A. for Media Re:public Forum

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I'll be quiet for a few days because I'm off to Los Angeles for a forum organized by Media Re:public, a Berkman Center project that examines the current and potential impact of participatory news media.

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Court Rejects Wal-Mart's Bid to Silence Criticism Through Trademark Law

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Last Thursday, a federal court in Georgia handed down a big win for free speech when it ruled that Wal-Mart could not use trademark law to stop a critic from disseminating his virulently anti-Wal-Mart views over the Internet. From Public Citizen's press release:

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New Jersey Prosecutors Set Sights on JuicyCampus

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New Jersey prosecutors have subpoenaed the controversial gossip site JuicyCampus as part of an investigation into whether the site is violating the New Jersey Consumer Fraud Act.

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