Welcome to the Citizen Media Law Brief, a weekly newsletter highlighting recent blog posts, media law news, legal threat entries, and other new content on the Citizen Media Law Project's website. You are receiving this email because you have expressed interest in the CMLP or registered on our site, www.citmedialaw.org. If you do not wish to receive this newsletter, you can unsubscribe by following the link at the bottom of this email or by going to http://www.citmedialaw.org/newsletter/subscriptions.

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The latest from the Citizen Media Law Project blog...

Wendy Seltzer looks at the "repeat infringers" provision of the DMCA.
DMCA "Repeat Infringers": Scientology Critic's Account Reinstated After Counter-Notification

Sam Bayard assesses a local politician's attempt to unmask an anonymous MySpace user.
EFF Asks Court to Protect Anonymity of Fake-Profile Creator

David Ardia previews an upcoming journalism (un)conference.
Journalism that Matters Conference in Minneapolis

Sam Bayard analyzes Prince's latest DMCA takedown notice to YouTube.
Prince, Radiohead, and the Bootlegging Provision of the Copyright Act

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Recent threats added to the CMLP database...

Solengo Capital Advisors v. Dealbreaker.com
Posted June 6th, 2008

Cruse v. Teacher Smackdown
Posted June 6th, 2008

State of Indiana v. A.B.
Posted June 6th, 2008

Revell v. Lidov
Posted June 5th, 2008

Dominick v. MySpace
Posted June 5th, 2008

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Other citizen media law news...

The Inexact Science Behind DMCA Takedown Notices
The New York Times/Bits - Thurs. 6/5/08

112 groups sign on to whistleblower bill
FOI FYI Blog - Thurs. 6/5/08

US blogger freed on bail
Reporters Without Borders - Thurs. 6/5/08

Libel suit against Cornell newspaper dismissed
Student Press Law Center - Wed. 6/4/08

Ill. reporter refuses to answer questions at R. Kelly trial
First Amendment Center - Wed. 6/4/08

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The full(er) Brief...

"The Scientology critic known as 'Wise Beard Man' returned to YouTube this week after successfully filing counter-notifications to copyright claims that had earlier been made against his account. The takedown and delayed return illuminate another of the lesser-known shoals of the DMCA safe harbor, the 512(i)(1)(A) 'repeat infringers' consideration. . . . Mr. Bunker’s story concludes successfully, however, thanks in part to Viacom’s good sense. YouTube invited Mr. Bunker to file counter-notifications (form) for the Viacom clips, and he did so in mid-May, asserting that the 'mistake or misidentification of the material' was in not recognizing its use as fair. Viacom’s acceptance of the counter-notifications allowed YouTube to remove the 'infringer' stain from Mr. Bunker’s account. . . ."
Wendy Seltzer, DMCA "Repeat Infringers": Scientology Critic's Account Reinstated After Counter-Notification

"Larry Dominick, the Town President of Cicero, Illinois, is seeking information from MySpace about an anonymous user who set up fake profiles for him on the social networking site. He filed a petition in Illinois state court, seeking permission to issue interrogatories and document requests to MySpace about the user's identity. Dominick, who filed the petition in his capacity as Town President, contends that he has potential legal claims for defamation and invasion of privacy, but his petition does not identify any specific defamatory statements or describe the content of the profiles in detail. MySpace has taken down the offending pages, but has otherwise stayed out of the fray. Luckily, EFF has stepped in as amicus curiae and filed an excellent brief arguing that Dominick has not met the heightened requirements demanded of plaintiffs seeking the identity of anonymous Internet speakers. . . ."
Sam Bayard, EFF Asks Court to Protect Anonymity of Fake-Profile Creator

"Over the next two days, I'll be participating in and speaking at the Journalism that Matters: Minnesota conference organized by the Media Giraffe Project, Minnesota Journalism Center, and Minnesota News Council. It's the third in a series of Journalism that Matters gatherings. The full name for the conference, which gives you some idea of its focus, is New Pamphleteers/New Reporters: Convening Entrepreneurs Who Combine Journalism, Democracy, Place and Blogs. . . . This will be my first time at a Journalism that Matters conference, and I am very excited to have been invited. What makes these conferences so interesting is that they aren't conferences in the traditional sense, but instead fall into that oxymoronic category of 'unconference' conferences, where the participants largely decide the topics and run the discussions. For example, I am slated to join Robert Cox from the Media Bloggers Association for a "coffee klatch" on citizen media and the law. . . ."
David Ardia, Journalism that Matters Conference in Minneapolis

"Prince is at it again. We've covered his legal antics before -- his lawyers went after a number of fan sites last November, and Universal Music sent a takedown notice to YouTube last June over a video of a toddler dancing with 'Let's Go Crazy' playing in the background. This time, his record label apparently sent a takedown notice to YouTube over a video of Prince performing a cover of Radiohead's 'Creep' at the Coachella Valley Music & Arts Festival. The interesting thing is that Radiohead wants the video put back up. A copy is available at present, but it's hard to tell whether this is because someone else posted the video or because YouTube put it back up at Radiohead's request. Untangling all the legal strings here is more difficult than it initially appears. . . ."
Sam Bayard, Prince, Radiohead, and the Bootlegging Provision of the Copyright Act