Copyright

German Courts Say Nein to Google Image Search

Google appears to be learning the hard way that there's "kein fairer Gebrauch" (no fair use) in Germany.  The Internet search giant lost two German copyright decisions Monday, as the courts ruled that the thumbnail images that appear in Google Image Search violate German copyright law.  Bloomberg reports:

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McCain's YouTube Takedowns Inspire Fair Use Fervor

There's nothing like a misfired copyright claim to make a presidential campaign see the value of fair use.

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YouTube Anti-Scientology Takedowns and Putbacks

The Electronic Frontier Foundation reports on some good news, and bit of bad news, regarding the blizzard of DMCA takedown notices sent to YouTube on behalf of the Church of Scientology.

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Knight v. Lavandeira

Date: 

05/11/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mario Lavandeira, a/k/a Perez Hilton

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of New York

Case Number: 

07 CV 3751

Legal Counsel: 

Jeffrey M. Eilender - Schlam Stone & Dolan LLP

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

In May 2007, professional photographer Ken Knight sued Mario Lavandeira for copyright infringement in New York federal court.  The dispute arose out of Lavandeira's alleged use of Knight's photograph of Jason Alexander (briefly married to Britney Spears in 2004) on PerezHilton.com. 

Lavandeira moved to dismiss the complaint for improper service of process and lack of personal jurisdiction.  Knight withdrew the complaint approximately one month later.

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MLRC

Riches v. Lavandeira

Date: 

10/15/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Mario Lavandeira, a.k.a Perez Hilton

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the District of Wyoming

Case Number: 

2:07-cv-00253

Legal Counsel: 

None

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

In October 2007, Jonathan Lee Riches, a federal inmate incarcerated in South Carolina, filed a lawsuit in federal court in Wyoming against celebrity blogger Mario Lavandeira. Riches has gained notoriety for bringing bizarre lawsuits (The Smoking Gun has coverage here and here). In this lawsuit, Riches claimed that Lavandeira "slandered me with hate and is distributing my copyrighted name Jonathan Lee Riches©, along with selling Anti Jonathan Lee Riches© mugs and T-shirts, stickers, buttons, hats."  The complaint also alleged that Lavandeira invaded his privacy by publishing a sex tape involving Riches on Perez Hilton. Riches requested an injunction shutting down Lavandeira's popular blog.

In December 2007, the court dismissed the case on its own motion, finding that the complaint did not state a claim and that it had no jurisdiction over the lawsuit.

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MLRC

Judge Rejects Fair Use Defense in Harry Potter Lexicon Case, J.K. Rowling Recovers Her Plums

In a long-awaited decision in the case of Rowling v. RDR Books, a federal judge in New York has ruled in favor of J.K. Rowling and Warner Bros.

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Tatum, LLC v. Onecle, Inc.

Date: 

10/25/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Onecle, Inc.

Type of Party: 

Organization

Type of Party: 

Organization

Publication Medium: 

Website

Status: 

Pending

Description: 

Onecle, a site that collects examples of business contracts, posted a copy of a Tatum employment agreement. Tatum, through its attorney DLA Piper, sent a letter demanding that the contract be taken down, threatening legal action if the material was not removed. The letter claimed that posting the contract on the website breached Tatum's "intellectual property"; it appears that Tatum is asserting a copyright claim.

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Copyright Challenge in New Push for Open Government Data

Carl Malamud, a hero in providing access to information, has posted online the 38-volume California Code of Regulations, over which the state claims copyright ownership. He's been doing things like this for a while, but the California code is a big deal in every respect.

The Santa Rosa (Calif.) Press Democrat has the story.

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LDS Church v. Wikileaks

Date: 

05/05/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Wikileaks

Type of Party: 

Large Organization

Type of Party: 

Organization

Publication Medium: 

Wiki

Relevant Documents: 

Status: 

Pending

Description: 

Intellectual Reserve, Inc., the legal entity that owns the intellectual property of the Church of Jesus Christ of the Latter-day Saints, sent a DMCA takedown notice to Wikileaks after someone posted the Church Handbook of Instructions on the website. The notice requested that Wikileaks expeditiously remove or disable access to the Handbook. Wikileaks has refused to do so.

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Threat Source: 

User Submission Form

Viacom v. Knight

Date: 

08/29/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Christopher Knight

Type of Party: 

Large Organization
Media Company

Type of Party: 

Individual

Legal Counsel: 

Pro se

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

Viacom Inc. alleged that independent filmmaker Christopher Knight infringed its copyright by posting a clip of a VH1 television program containing Knight's own video that VH1 had used without permission. YouTube removed Knight's clip at the request of Viacom, the parent company of the VH1 network.

According to Knight's blog post about the events, he made his own series of video campaign commercials when he ran for a school board seat in Rockingham County, North Carolina in 2006. After Knight posted the commercials on YouTube, one that contained humorous Star Wars imagery attracted the attention of producers at VH1. VH1 ran an episode of Web Junk 2.0 called "Animals & Other Crap" making fun of Knight's commercial and showing parts of it. By Knight's account, VH1 never requested his permission to use the commercial. On July 11, 2007 Knight posted a clip of this VH1 segment on YouTube.

On August 29, 2007, Knight received an email from YouTube informing him that it had removed his video of the VH1 segment in response to a DMCA takedown request from Viacom alleging that Knight had infringed its copyright in Web Junk 2.0 program content.

After consulting with Fred von Lohmann of EFF on an informal basis, Knight submitted a counter notification to YouTube, asserting that his video was a fair use of the VH1 program and claiming that Viacom had infringed his copyright in the original commercial. YouTube restored the clip on September 11, 2007.

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United States v. Cogill

Date: 

08/27/2008

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Kevin Cogill

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California

Case Number: 

2:08-mj-02089

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Convicted

Description: 

Kevin Cogill, a blogger on Antiquiet, a site that provides "uncensored music reviews and interviews," was arrested on August 27, 2008, at his home near Los Angeles on suspicion of violating federal copyright law after he allegedly posted nine songs from the unreleased Guns N' Roses album "Chinese Democracy."

Cogill allegedly posted the tracks on June 18, noting at the time that "I always said that the more that Axl and Geffen jerked around trying to figure out how to release this finally finished album that we’ve all been waiting over 13 years for, the greater the chances would be that it would slip out of a pressing plant or office somewhere and wind up in the hands of some asshole with a blog. So… Hey, I told you so." 

According to Rolling Stone, Cogill said he acquired the tracks from “an anonymous online source,” which he then allegedly made available through a streaming player on the blog.   Within hours, however, the tracks were taken down, but a nine-song zip file containing the tracks is widely available via file-sharing sites

The FBI took an interest in the case shortly after the songs appeared on Cogill's blog, sending two FBI agents to visit him at work and at home, Rolling Stone has reported.  Evidently feeling the pressure, Cogill posted a plea for legal help on August 25, writing that, "more and more each day, it looks like I may be indicted."

Cogill has been charged under 17 U.S.C. § 506(a)(1)(C), which implements the copyright amendments included in the Family Entertainment and Copyright Act of 2005.  The criminal complaint filed against Cogill charges that he "knowingly and willfully distributed a copyrighted work being prepared for commercial distribution, namely nine previously unreleased songs by the band Guns n' Roses, by making the songs available on a computer network accessible to members of the public."  Section 506(a)(1)(C) makes the willful infringement of unpublished copyrighted material a felony punishable by up to three years in prison and up to $250,000 in fines.

Update:

10/20/08 - Cogill entered a plea of not guilty in federal court in Los Angeles

11/10/08 - Wired reports that Cogill intends to plead guilty; plea conference is scheduled for December 8, 2008

12/15/08 - Cogill pled guilty to one count of misdemeanor criminal copyright infringement. Cogill also signed a plea agreement in which he agreed to cooperate with investigators.  He faces a maximum one year of confinement when sentenced in Los Angeles federal court on March 3.

3/1/09 - Prosecutors requested that Cogill be sentenced to 6 months in prison.  Sentencing is scheduled for May 4.

7/14/2009: Magistrate Paul Abrams sentenced Cogill to one year of probation with two months house arrest. The court also ordered Cogill to pay a $25 special assessment and $2,500 in restitution, with interest. 

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RSS

CMLP Notes: 

Brittany is working on this one. -- June 2011

Blogger Arrested for Leaking Songs from Unreleased Guns N' Roses Album

Kevin Cogill, a blogger on Antiquiet, a site that provides "uncensored music reviews and interviews," was arrested yesterday at his home near Los Angeles on suspicion of violating federal copyright law after he allegedly posted nine songs from the unreleased -- and highly-anticipated -- Guns N' Roses album "Chinese Democracy."

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California Court Warns Copyright Bullies Not to Ignore Fair Use

A federal district court in California held on Wednesday that copyright owners must consider fair use before sending DMCA takedown notices to avoid liability for abuse of the law's procedures. The ruling is a huge victory for free speech advocates and may have far-reaching implications for the way content owners police infringement online. 

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Matteo v. Rubin

Date: 

05/07/2007

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Howard Rubin

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Northern District of Illinois

Case Number: 

1:07-cv-02536

Legal Counsel: 

Fred Rabinowitz (Schaffner, Rabinowitz & Feinartz)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Professional photographer Steven Matteo sued Howard Rubin for defamation, copyright infringement, false light invasion of privacy, and interference with prospective economic advantage in Illinois federal court after Rubin posted criticism online of Matteo's photographs of the wedding of Rubin's daughter.  Rubin allegedly posted Matteo's photos, which Rubin said exemplified the problems with Matteo's work, and tried to dissuade other couples from hiring Matteo.

Rubin filed a motion to dismiss Matteo's case for failure to state a claim.  Rubin argued that Matteo failed to show copyright infringement because Rubin had permission to republish the photographs from his wife, who commissioned Matteo and had Matteo's permission to republish them.  In addition, Rubin said that Matteo had not shown he suffered financially from the alleged infringement or from the alleged interference.  Rubin argued that the defamation and false light claims were deficient because he had only stated his opinion about his personal dealings with Matteo. The court denied Rubin's motion, finding none of these arguments sufficient to justify dismissal.

The parties settled in April 2008.

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CMLP Notes: 

Complaint not available in PACER due to its inclusion of photos (according to substitute 1-page doc on PACER).  Apparently only available through clerk's office.  Both Rubin's motion to dismiss and Rubin's answer include the original complaint, however.  (AAB)

Priority: 

1-High

Internet "Troll" Sued for Craigslist Sex Prank

A great New York Times article last weekend drew our attention to this rather colorful legal threat and its target, Jason Fortuny, a freelance web designer, programmer, and noted (or notorious) Internet troll. In 2006, Mr.

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Doe v. Fortuny

Date: 

02/20/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Jason Fortuny

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court Northern District of Illinois

Case Number: 

1:08-CV-01050

Verdict or Settlement Amount: 

$74,252.60

Legal Counsel: 

Pro se

Publication Medium: 

Blog
Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Verdict (plaintiff)

Description: 

On February 20, 2008, an anonymous plaintiff sued Jason Fortuny in Illinois federal court for copyright infringement, invasion of privacy through the publication of private facts, and intrusion, after Mr. Fortuny allegedly posted his photograph and personal information on the Internet.

Mr. Fortuny, a now-famous Internet "troll" who was featured in an August 2008 New York Times article, performed a notorious "Craigslist Experiment" in 2006, in which he posted a fake ad on Craigslist pretending to be a woman seeking a “str8 brutal dom muscular male” for sex. According to the New York Times, over one-hundred men responded, providing photographs and contact information. Mr. Fortuny allegedly posted this material to his blog, RFJason, and Encyclopedia Dramatica (described by the New York Times as "an online compendium of troll humor and troll lore"). Mr. Fortuny disputes posting the photographs and contact information to Encyclopaedia Dramatica.

One of the men who responded to Mr. Fortuny's prank filed the Illinois lawsuit, claiming that Fortuny violated his copyrights and invaded his privacy by posting his photograph and personal information. The complaint seeks $75,000 in damages and requests an injunction requiring Mr. Fortuny to remove the photograph and contact information from his website.

Mr. Fortuny is representing himself in the lawsuit. On July 11th, 2008, he filed a letter that the court treated as a motion to dismiss. The motion, in which Mr. Fortuny challenged the court's jurisdiction over him and the substance of the plaintiff's claims, is pending.

Before filing suit, the anonymous plaintiff sent Mr. Fortuny and his web host a DMCA takedown notice. Mr. Fortuny sent a counter-notification, and his host restored the material. Please see our related database entry, Doe v. Fortuny (Correspondence).

Update:

4/9/09 - The court entered a default judgment against Fortuny, requiring him to pay $74,252.56 in damages, attorneys fees, and costs. 

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Threat Source: 

Blog Post

Priority: 

1-High

Doe v. Fortuny (Correspondence)

Date: 

10/04/2007

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Jason Fortuny

Type of Party: 

Individual

Type of Party: 

Individual

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Lawsuit Filed

Description: 

In October 2006, an unknown individual sent Jason Fortuny and his web host a DMCA takedown notice, complaining about a photograph posted on Mr. Fortuny's blog, RFJason.

Mr. Fortuny, a now-famous Internet "troll" who was featured in an August 2008 New York Times article, performed a notorious "Craigslist Experiment" in 2006, in which he posted a fake ad on Craigslist pretending to be a woman seeking a “str8 brutal dom muscular male” for sex.  According to the New York Times, over one-hundred men responded, providing photographs and contact information. Mr. Fortuny allegedly posted this material to his blog and Encyclopedia Dramatica (described by the New York Times as "an online compendium of troll humor and troll lore"). Mr. Fortuny disputes posting the photographs and contact information to Encyclopaedia Dramatica.

Counsel for one of the men who responded to Mr. Fortuny's Craigslist prank sent the October 2006 DMCA takedown notice.  Mr. Fortuny sent a counter-notification to his host, and it restored the complaining party's photograph.  The anonymous party filed a lawsuit in federal court in February 2008.  Please see our related database entry, Doe v. Fortuny.

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Subject Area: 

Threat Source: 

Blog Post

Priority: 

1-High

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