What Were They Thinking?

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?

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

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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CMLP Launches New Legal Guide Section on Access to Government Information

Back in January, we began rolling out the Citizen Media Law Project's Legal Guide.

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TechCrunch Sues Facebook for $25 Million!!

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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N.H. Court Holds Right of Publicity Claim Not Barred by Communications Decency Act

In what appears to be the first case of its kind, a federal court in New Hampshire has ruled that the immunity provisions in section 230 of the Communications Decency Act (CDA 230) do not bar a state law claim for a violation of a person's "right of publicity." In so holding, the court expressly disagreed with the Ninth Circuit's decision in Perfect 10 v. CCBill LLC, which held that CDA 230 exempts only federal intellectual property law claims from its protections.

The case involves the typically disturbing facts that often arise in the CDA 230 context. The plaintiff, proceeding pseudonymously, sued defendant Friendfinder Network, which operates a number of websites, including “AdultFriendFinder.com” that bills itself as “the World’s Largest SEX and SWINGER Personal Community.” To participate, users register by entering a variety of personal information, creating online profiles that can be viewed by other members of the community.

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A Tale of Two Prisoners

This week, a judge ruled that Allan Parmelee, an inmate at the McNeil Island Corrections Center in Washington state, can continue to request public records under the state Public Records Act. According to the Associated Press, Parmelee has requested hundreds of public records about the state troopers, prosecutors, judges, prison guards, and others who incarcerated him for firebombing two cars.

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

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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Highlights from the Legal Guide: Liability for the Use of Recording Devices

This is the seventh 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 Recording Phone Calls, Conversations, Meetings and Hearings, which discusses federal and state laws relating to the use of recording equipment in specific private and semi-public settings.

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

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

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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iBrattleboro Victorious, Court Dismisses Libel Lawsuit Under Section 230 of Communications Decency Act

A Vermont judge has dismissed the libel lawsuit filed against Chris Grotke and Lise LePage, co-founders and owners of iBrattleboro.com, a widely acclaimed community journalism site based in Brattleboro, Vermont, ruling that Grotke and LePage are immune from liability under sec

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Highlights from the Legal Guide: Protecting Sources and Source Material

This is the sixth in a series of posts calling attention to some of the topics covered in the Citizen Media Legal Guide we began publishing in January. This past month, we rolled out the sections on Newsgathering and Privacy, which address the legal and practical issues you may encounter as you gather documents, take photographs or video, and collect other information.

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Oklahoma Curtails Online Access to Court Records

Earlier this week, the Oklahoma Supreme Court adopted new rules governing public access to court records, cutting off all public access to court records via the Internet and limiting public access to other information that has been available in the past.

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PreCYdent: Another Useful Resource for Free Online Judicial Decisions

Below is a video explaining how to use PreCYdent, a new resource for free online court opinions. The coverage of the database is quite impressive -- Supreme Court cases going back to 1759, federal appellate cases going back to 1950, and a good number of federal district court cases since 2004. The site also has a sophisticated search engine and lots of neat Web 2.0 features like a browser widget and a Facebook application.

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CMLP Joins Other Media Organizations to Oppose Contempt Order Against Journalist in Anthrax Case

Earlier this week, the Citizen Media Law Project joined 28 of the country's leading news organizations, press associations, and nonprofits dedicated to preserving free speech rights in filing a brief in the United States Court of Appeals for the District of Columbia Circuit opposing the contempt citation issued against Toni Locy, a former reporter for USA Today.

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