Blogs

Showing Cyberbullying No Mercy in the Show Me State

On the broad grade-school spectrum of the bullies and the bullied, I tended to fall closer to the bullied side of things.  Fortunately, I quickly proved taller than average — thus harder to intimidate — and smarter than average — thus more useful as a source for homework help than as a target for abuse — so the bullies moved on to other targets.  Still, although not subjected to it much myself, I got to see a fair amount of bullying in my youth.

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Case That Upended Truth Defense in Libel Actions Ends With Jury Verdict for Defendant

In a closely watched case that challenged (at least in Massachusetts) our long held understanding that truth is an absolute defense to a defamation claim, the jury has returned a verdict for the defendant, finding that it acted without actual malice when it sent an email to its employees stating -- truthfully -- that one of its salesman had been terminated because he violated the company's travel and expense policies.

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Think Twice Before You Dust Off Those Mix Tapes

Digital technologies have allowed people to share music in unprecedented ways, and earlier this week recording artists, music industry leaders, and policymakers gathered at George Washington University in Washington, D.C. for the Future of Music Policy Summit sponsored by the Future of Music Coalition to talk about their impact on the music community.

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New FTC Rules Aim to Kill the Buzz on Blogs

On October 5, the Federal Trade Commission issued new guidelines (large pdf) on advertising involving endorsements and testimonials.

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Sorry Jack Thompson, Your Comprehension of Section 230 Is in Another Castle!

On this blog, I typically write about frivolous or ill-considered lawsuits. In the long, long ago, before I came to law school, I wrote about video games.

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CMLP and Cyberlaw Clinic Endorse Anti-SLAPP Protection for Staff of Media and Advocacy Organizations

On Thursday, the Citizen Media Law Project (CMLP) joined the American Civil Liberties Union of Massachusetts (ACLUM) and the Lawyers’ Committee for Civil Rights Under Law of the Boston Bar Association in submitting an amicus curiae brief urging the Massachusetts Supreme Judicial Court to reverse a lower court’s decision in

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Jim Dolan Shows Why Anti-SLAPP Laws Are Good (And Why New York Needs a Better One)

Now, I am not from New York.  Thus, I don't know much about Jim Dolan, the owner of Cablevision, Newsday, Madison Square Garden, and the New York Knicks.  But the local press offers a sense of the man.  The New York Daily News said that he is "a little bit wacky, lashing out indiscriminately behind the scenes, speaking nonsense whenever he talks at all.&q

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For Once, Illinois Federal Judge Lets 'Em Roll: And Gets Bulldozed

UPDATE:  Federal District Judge Joe Billy McDade has issued a letter apologizing for allowing cameras into his courtroom to cover a Sept. 15 hearing on a consent decree settling a school discrimination case.

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I Can Clearly See You’re Nuts: ACORN’s Insane Civil Suit

I'm pretty sure I can struggle my way out. First I'll just reach in and pull my legs out, now I'll pull my arms out with my face. – Homer J. Simpson, The Simpsons, Bart Gets An Elephant, 1F15

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Senate Cuts Citizen Bloggers From Federal Shield Bill

For citizen journalists, the federal shield law front was looking good for a while.  Although the House of Representatives version of the bill, passed in April, only offered a shield to professional bloggers, the Senate version didn't differentiate between the pros and the amateurs.  So there was hope that amateur journalists might actually, eventually, get its protection.

No longer though.

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And You Thought Today's Google Outage Was Bad...

Twitter has been awash today in the typical gnashing of teeth and rending of clothes that accompanies any Gmail outage, no matter how short the duration.  If yesterday's court ruling holds, however,

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Anthropomorphizing Intrusion: Google Street View and the Armies of Cute

A basic lesson of history: a spoonful of cute helps the social medicine go down.

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Canadian Court Rejects Defamation Liability for Hyperlinks: Crookes v. Newton

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Shameless Self-Promotion: Updating the Lanham Act for the Internet Age

I have an article in the newest issue of World Trademark Review.  Entitled "Updating the Lanham Act for the Internet Age," the article looks at four areas for reform of the Lanham Act: fair use, use in co

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Mi Casa Es Su Casa — But I Set the Rules

Paul Klocko got a surprise in the mail in April: a letter on official stationary from Weston, Wisconsin administrator Dean Zuleger, demanding that Klocko stop posting comments on the web criticizing him.  The letter also asked that Klocko "come out from behind the cloak" and meet Zuleger in person.

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Australia's Facebook Five and the Right to Whinge About Your Boss Online

It's hard to be a prison guard in Australia, and not just because the entire country is a penal colony — zing!  Apparently you run the risk of being fired for griping about your job in a private Facebook group, even if other corrections officers are the only ones reading your complaint.  Such is the threat looming over those officers whom the Australian press has dubbed

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Splitting the Digital Baby: California Court Creates New Procedure for Uncovering Anonymous Commenters

It's amazing how many times you can hear a phrase without really understanding it.  Take "

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