DMCA "Repeat Infringers": Scientology Critic’s Account Reinstated after Counter-Notification

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.

Jurisdiction: 

Content Type: 

Subject Area: 

The (Proposed) Megan Meier Cyberbullying Prevention Act Is Crazy

In a twist on the old adage "hard cases make bad law," Representatives Linda Sanchez (D-CA) and Kenny Hulshof (R-MO) introduced a bill (H.R. 6123) in the House on May 22 which, if passed, would be known as the Megan Meier Cyberbullying Prevention Act.

Jurisdiction: 

Subject Area: 

EFF Asks Court to Protect Anonymity of Fake-Profile Creator

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.

Jurisdiction: 

Content Type: 

Subject Area: 

Journalism that Matters Conference in Minneapolis


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

Subject Area: 

Prince, Radiohead, and the Bootlegging Provision of the Copyright Act

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.

Jurisdiction: 

Content Type: 

Subject Area: 

Bill Will Revamp Tennessee Open Records Law

Tennessee Governor Phil Bredesen is expected to sign into law a recently passed bill that would provide a much-needed overhaul of the state's open records practices.

Jurisdiction: 

Subject Area: 

Singaporean Company Claims Patent to Image-Based Linking: Patent Busting Needed!

Vuestar, a patent-holding company from Singapore that describes itself as "the Pioneer of visual search," is asserting patent rights in the technology that enables websites to link to other webpages using an image rather than text. According to Ars Technica, the firm recently has been sending invoices to companies that it believes are using its patented technology.

Jurisdiction: 

Subject Area: 

Highlights from the Legal Guide: An Overview of Trade Secrets

This is the tenth in a series of posts calling attention to topics we cover in the Citizen Media Legal Guide. In this post, we highlight the section on trade secrets, which describes the limitations imposed on publishers who rely on or publish certain confidential business information and offers practical advice to citizen media creators on how to avoid liability for publishing trade secrets.

Subject Area: 

Consumer Advocate's Free Speech Rights Upheld in UDRP Trademark Proceeding

Back in 2006, Robert Arkow, a self-styled consumer advocate who played a role in establishing the California (and then federal) Do Not Call lists, created a website at "metrolinkriders.com." The site hosts a forum for users and employees of Metrolink, the local commuter railway service in southern California, to comment upon Metrolink's services and policies. A small group of readers frequent the site, contributing on topics like possible fare increases and customer service issues.

Subject Area: 

Senator Lieberman Asks YouTube to Take Down Radical Islamist Videos

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.

Subject Area: 

YouTube Announces New Citizen News Channel


Earlier this week, YouTube announced that it had designated a news manager for the site and created a Citizen News channel. Olivia Ma, YouTube's new News Manager, announced the initiative on YouTube's blog:

Content Type: 

Subject Area: 

CMLP Celebrates Its First Year of Blogging

Today marks the one-year anniversary of the launch of the Citizen Media Law Project's blog. Back on May 20, 2007, we didn't have much in the way of staff (it was just me) and we didn't have a whole lot to say (again, it was just me), but we knew we had to start somewhere. My first post, entitled Time to Launch, begins with the following prose:

Subject Area: 

MySpace Wins Important CDA 230 Case in Fifth Circuit

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.

Jurisdiction: 

Subject Area: 

Lori Drew Indicted For Misuse of MySpace in Megan Meier Suicide Case

Lori Drew was indicted on Thursday for her alleged role in a hoax on MySpace directed at Megan Meier, a 13-year-old neighbor of Drew's who committed suicide in October 2006 after a "boy" she met on MySpace abruptly turned on her and ended their relationship. The boy was allegedly Lori Drew, who pretended to be 16-year-old "Josh Evans" to gain the trust of Megan, who had been fighting with Drew's daughter.

Jurisdiction: 

Subject Area: 

Case Testing Illinois' New Anti-SLAPP Law Settles Before Court Can Clarify Reach of Citizen Participation Act

In what would have been the first case to test Illinois' newly enacted Citizen Participation Act, which provides immunity for speech related to certain matters of government and public concern, the parties settled before a court could interpret this important addition to the growing list of state anti-SLAPP laws.

Jurisdiction: 

Subject Area: 

Evans v. Evans: Appellate Court Throws Out Prior Restraint

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.

Jurisdiction: 

Content Type: 

Subject Area: 

Highlights from the Legal Guide: An Overview of Copyright

This is the ninth in a series of posts calling attention to topics we cover in the Citizen Media Legal Guide. In this post, we highlight the section on copyright, which provides an overview of this important area of law and offers practical advice to citizen media creators on how to use the copyrighted works of others and protect their own work from exploitation.

Subject Area: 

Pages

Subscribe to Digital Media Law Project RSS