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12 Jun 2012, 2:21 pm
by Paul Alan Levy Last month I described a motion filed to quash a subpoena sent to Facebook, seeking to identify an anonymous union member who set up a Facebook parody page (included as pages 25-27 of the document that is linked here) that made fun of the leader of the Boilermakers Union for having inherited his office from his father, put relatives on the payroll, and drawn an unusually large salary as well as other compensation from the union.The union leader’s immediate… [read post]
18 Apr 2011, 2:33 pm
by Paul Alan Levy After Rocky Mountain Bank obtained a TRO closing the gmail account of a Google customer to which Rocky Mountain had mistakenly sent bank records of many of its customers, a federal district judge in San Jose decided not to allow public access to the report that Google made to the court in compliance with the TRO. [read post]
11 Jul 2008, 6:01 pm
by Paul Alan Levy I am pleased to report that the Intellectual Property Section of the American Bar Association has dropped its efforts, decried a few months ago on this blog as well as here and here, to adopt resolutions condemning court decisions holding that keyword advertising using trademarks does not raise trademark concerns because it does not constitute a "use in commerce. [read post]
7 Mar 2011, 12:43 pm
by Paul Alan Levy Usha Rajagopal, a San Francisco cosmetic surgeon, has tried to use cosmetic surgery of a legal sort to improve the appearance of her online reviews. [read post]
19 Mar 2010, 10:06 am
by Paul Alan Levy Does a firm that expresses an opinion "own" that opinion, and thus have the ability to prevent others from reporting on the fact that the firm has expressed the opinion? [read post]
17 Nov 2011, 11:05 am
by Paul Alan Levy I reported last spring that Mordechai Tendler, having lost his effort to identify four anonymous bloggers so that he could sue for defamation over their comments on reports that he had abused his religious authority to have sexual relations with congregants, had issued new subpoenas seeking to identify them. [read post]
25 Jan 2012, 11:56 am
by Paul Alan Levy I have blogged in the past about the depredations of Evan Stone, a Texas lawyer who has made a business out of suing alleged downloaders of adult movies and shaking them down for settlements because, as he told the Texas Lawyer, “You have people that might be OK purchasing music off iTunes but they’re not OK letting their wife know that they are purchasing pornography. [read post]
22 Feb 2011, 12:44 pm
by Paul Alan Levy Late last year, I discussed a Florida trial court ruling holding that although section 230 forbade a lawsuit directly against XCentric Ventures, the operator of Ripoff Report, for allowing a user to post statements about the plaintiff, XCentric could be enjoined from continuing to host the statements once the author had been enjoined and XCentric refused to honor the author's request that XCentric comply with the injunction. [read post]
25 Jul 2011, 9:00 am
by Paul Alan Levy Very nice article in the Times by the Haggler, reminding us of the story of Ralph Nader's suit against Allegheny Airlines, and concluding with a pitch for the use of small claims court as a remedy for consumer abuses. [read post]
16 Mar 2010, 6:04 am
Paul Allen Levy writes an interesting piece here about a recent cease-and-desist letter Citizens United sent to the Wisconsin Democracy campaign. [read post]
14 Jul 2020, 8:45 am
Paul Alan Levy (Public Citizen's Consumer Law & Policy Blog) has a quick summary; you can read the entire opinion here. [read post]
18 Aug 2009, 9:51 am
by Paul Levy Bill Patry has just published an intellectually provocative and useful polemic, Moral Panics and the Copyright Wars, that urges public attention to excessive incursions on the public domain undertaken at the behest of copyright holders through what Patry calls "The Copyright Wars. [read post]
18 Jan 2022, 11:01 am
[The latest from Paul Alan Levy (Public Citizen), pushing back against threats of trademark litigation over parody.] [read post]
20 Jul 2010, 7:36 am
“A SLAPP statute that depends on a finding that the suit was brought in bad faith is nearly worthless,” writes Paul Alan Levy of a Maryland enactment that was not enough to save the publisher of the “Mortgage Lender Implode-o-Meter” blog. [read post]
17 Mar 2011, 10:51 am
” [Paul Alan Levy, CL&P, on a business's threats against the "Insurance Forums" website] Tags: bullying businesses, libel slander and defamation, online speech Related posts Latest customer-complaint-website suit (2) Why defamation law protects opinion (2) Update: Schenectady BBS defamation (0) Update: Dow Jones settles online defamation suit (0) Update: CAIR using litigation to silence critics? [read post]
17 Nov 2010, 2:19 pm
by Paul Alan Levy The blogosphere has been reverbrating today with news of the settlement of Dow Jones’ lawsuit against Briefing.com, which features an admission by the defendant of liability for copyright infringement and DMCA violations, as well as “common law misappropriation of certain ‘hot news’ including the news headlines listed in Exhibit D of the Complaint. [read post]
21 Aug 2012, 2:09 pm
by Paul Alan Levy Eric Goldman’s comments on Judge Alsup’s followup to his “identify your shills order” contains a line that reminds me what irks me so about the series of orders: “Perhaps one lesson to take away from all this: if you're a litigant and your filings cite a published work by your expert/consultant, maybe you need to disclose that. [read post]
30 Jul 2011, 10:37 am
by Paul Alan Levy In early June, I described a recent decision by a United States Magistrate Judge in Colorado who had been persuaded to adopt a weaker than normal standard to decide whether anonymous Internet posters should be identified when a plaintiff seeks to sue them becauce their speech allegedly violates the plaintiff’s rights. [read post]
7 Jun 2012, 2:54 pm
by Paul Alan Levy The Seventh Circuit today issued an important decision confirming that fair use can be determined at an early stage of a copyright case, based on nothing more than a side-by-side comparison of the copyrighted work and the later work claimed to infringe. [read post]
26 Aug 2011, 8:02 am
by Paul Alan Levy I have blogged in the past about servile Internet hosts that provide information in response to subpoenas without giving their customers a chance to oppose discovery by showing that they have done nothing wrong. [read post]
