<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0"
xmlns:dc="http://purl.org/dc/elements/1.1/"
xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
xmlns:wfw="http://wellformedweb.org/CommentAPI/">
<channel>
<title>Techdirt. Stories filed under &quot;lawsuits&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories filed under &quot;lawsuits&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Mon, 6 May 2013 12:27:34 PDT</pubDate>
<title>Copyright Trolls So Sloppy They Sue The Same Guy Multiple Times</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130502/11360322928/copyright-trolls-so-sloppy-they-sue-same-guy-multiple-times.shtml</link>
<guid>http://www.techdirt.com/articles/20130502/11360322928/copyright-trolls-so-sloppy-they-sue-same-guy-multiple-times.shtml</guid>
<description><![CDATA[ In yet another copyright trolling case, it appears that the trolls are so sloppy that they're <a href="http://torrentfreak.com/alleged-bittorrent-pirate-sued-three-times-for-the-same-download-130502/" target="_blank">suing over the same IP address</a> for sharing the same file (the animated movie, <i>Zambezia</i>) in multiple cases.  The story focuses on one guy, who has <a href="https://www.documentcloud.org/documents/695730-139063698-zem.html" target="_blank">filed a motion to quash</a> in response, noting that the sloppiness of filing three times raises significant questions about the trolling operation.  Either they're incredibly sloppy and not very careful, or they're hoping that by repeating the same IP address in multiple lawsuits, at least one judge will let the subpoena go through, leading to the inevitable demand letter.  Either way, it should raise some eyebrows from the court about why anyone would file against the same IP address for the same movie in three different cases.<br /><br /><a href="http://www.techdirt.com/articles/20130502/11360322928/copyright-trolls-so-sloppy-they-sue-same-guy-multiple-times.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130502/11360322928/copyright-trolls-so-sloppy-they-sue-same-guy-multiple-times.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130502/11360322928/copyright-trolls-so-sloppy-they-sue-same-guy-multiple-times.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i'm-sure-tat's-effective</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130502/11360322928</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 19 Apr 2013 12:21:36 PDT</pubDate>
<title>Leading Italian Film Producer Calls For $16 Billion Lawsuit Against Italian State For Alleged Inaction Against Piracy</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130419/07421922763/leading-italian-film-producer-calls-16-billion-lawsuit-against-italian-state-alleged-inaction-against-piracy.shtml</link>
<guid>http://www.techdirt.com/articles/20130419/07421922763/leading-italian-film-producer-calls-16-billion-lawsuit-against-italian-state-alleged-inaction-against-piracy.shtml</guid>
<description><![CDATA[ <p>
Last year we wrote about EMI suing the Irish government for having the temerity not to pass a  SOPA-Like censorship law.  That truly extraordinary <a href="https://www.techdirt.com/articles/20120112/09203917388/insane-entitlement-emi-sues-irish-govt-not-passing-sopa-like-censorship-law.shtml">sense of entitlement</a> seemed to be a one-off, but <a href="http://www.hollywoodreporter.com/news/italian-producer-de-laurentiis-threatens-441417">The Hollywood Reporter now brings us another</a> (via <a href="https://twitter.com/lifeinsicily">@LifeinSicily</a>):

<i><blockquote>Italian producer Aurelio De Laurentiis has proposed a &euro;12.5 billion ($16 billion) class action lawsuit against the Italian state for lost revenue he says movie producers have sustained because the state has done too little to combat piracy.</blockquote></i>

The justification for that rather significant sum is the following:

<i><blockquote>"The problem of piracy is very important, and I say we should ask for &euro;12.5 billion in order to obtain at least &euro;2.5 billion [$3.2 billion], the amount we lose each year because of piracy," De Laurentiis said.</blockquote></i>

There was no explanation of where that &euro;2.5 billion figure came from.  According to estimates quoted in Techdirt's "<a href="https://www.techdirt.com/skyisrising2/">The Sky is Rising 2</a>", gross box office sales for the Italian film industry were &euro;700 million in 2011, so it seems highly unlikely that it is "losing" &euro;2.5 billion each year. It may be significant that De Laurentiis is part of a dynasty of famous Italian film producers who can be justifiably proud of helping to create some of the greatest masterpieces of 20th-century Italian cinema.  Perhaps he is still hankering for those good old days when people flocked to see the latest productions from his father and uncle.
</p>
<p>
But that was then, this is now: the Internet is having a massively disruptive effect on the film industry, just as it is on many others.  That doesn't give film producers any entitlement to handouts from the Italian state for sales they claim they might have made.  And notice, too, that De Laurentiis is calling for compensation for allegedly lost <b>sales</b>, not lost profits, which might have been minimal.
</p>
<p>
It's sad that so many in the copyright world apply their creativity to thinking up reasons why they should be protected by governments from the massive changes underway throughout the world, rather than applying that creativity to coming up with new ways of making money.  They could do worse than listen to Riccardo Tozzi, president of Italy's audiovisual association, who was the co-host with De Laurentiis of the film industry symposium where the latter made his call for legal action:

<i><blockquote>Tozzi suggested a different tact: making it easier for people to legally download films, for a fee. "We should balance the threat of illegal downloads with a legal supply of films," he said. "It can be too difficult to download films legally, so there's no good alternative" to piracy.</blockquote></i>

Sounds easier than suing the Italian government....
</p>
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130419/07421922763/leading-italian-film-producer-calls-16-billion-lawsuit-against-italian-state-alleged-inaction-against-piracy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130419/07421922763/leading-italian-film-producer-calls-16-billion-lawsuit-against-italian-state-alleged-inaction-against-piracy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130419/07421922763/leading-italian-film-producer-calls-16-billion-lawsuit-against-italian-state-alleged-inaction-against-piracy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-luck-with-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130419/07421922763</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 3 Apr 2013 05:52:21 PDT</pubDate>
<title>Copyright Troll Malibu Media Seeking 'Six Strikes' Info From Verizon In Lawsuit</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130402/18393522554/copyright-troll-malibu-media-seeking-six-strikes-info-verizon-lawsuit.shtml</link>
<guid>http://www.techdirt.com/articles/20130402/18393522554/copyright-troll-malibu-media-seeking-six-strikes-info-verizon-lawsuit.shtml</guid>
<description><![CDATA[ One of the many complaints about the "six strikes" Copyright Alert System (CAS) in the US is the fact that while it doesn't directly lead to litigation, there is nothing in the agreement that prevents copyright holders from seeking out and using information from the six strikes system in copyright infringement lawsuits.  And, surprise surprise, it appears that at least one copyright trolling operation has jumped to the front of the line in testing this out.  Malibu Media, who was already building up <a href="http://www.techdirt.com/blog/?company=malibu+media">quite the reputation</a> as a copyright troll (not quite Prenda-like, but still up there), is trying to get Verizon to <a href="http://torrentfreak.com/verizon-asked-to-share-six-strikes-alerts-for-bittorrent-lawsuit-130402/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">cough up a ton of information</a>, including details from its six strikes system.
<br /><br />
As TorrentFreak notes, the list of information demanded via subpoena has been culled down to the following:
<ul><i>
<li>DMCA notices and if applicable six strike notices sent to the applicable subscribers.
</li><li>Defendants&#8217; bandwidth usage.
</li><li>Information about the (reliability of the) correlation of the IP-Address to the subscriber for purposes of use at trial.
</li><li>Content viewed by Defendants to the extent the content is the same show or movie that Plaintiff learned from third-party BitTorrent scanning companies that Defendants also used BitTorrent to download and distribute.
</li></i></ul>
So far, Verizon (who has been one of the better companies in resisting copyright trolls) is objecting to handing over the information and has so far refused to do so, arguing that it does not wish to help "shakedown tactics" by copyright trolls.  Malibu is now trying to have the court compel Verizon to cough up the info.  Given that we'll likely see more of this, how the court responds should be worth following.<br /><br /><a href="http://www.techdirt.com/articles/20130402/18393522554/copyright-troll-malibu-media-seeking-six-strikes-info-verizon-lawsuit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130402/18393522554/copyright-troll-malibu-media-seeking-six-strikes-info-verizon-lawsuit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130402/18393522554/copyright-troll-malibu-media-seeking-six-strikes-info-verizon-lawsuit.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130402/18393522554</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 28 Mar 2013 09:59:01 PDT</pubDate>
<title>Surprise: Sony Decides Not To Sue Over Copycat Game; Says Legal Action Wouldn't Be Beneficial</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130324/22501222441/game-looked-like-rip-off-sony-isnt-suing-over-it.shtml</link>
<guid>http://www.techdirt.com/articles/20130324/22501222441/game-looked-like-rip-off-sony-isnt-suing-over-it.shtml</guid>
<description><![CDATA[ All too often, when it comes to copying one another, companies seem to feel that they <i>have</i> to sue.  In fact, there are times when we see copyright and patent holders bizarrely claim that not suing is <a href="http://www.techdirt.com/articles/20130326/18291922473/intellectual-ventures-ramping-up-lawsuits.shtml">not an option</a>.  So here's a bit of a surprise.  A. Yeh points us to a story of a Korean company, Netmarble, who produced a game called <i>Everybody Cha Cha Cha</i>, which some claimed was a pretty close copy of a Sony min-game called <i>Everybody's Stress Buster</i>.  To be clear, the two games do seem pretty similar... but also seem to use pretty standard driving game mechanics found in tons of games throughout the history of video games.  You can see the two in <a href="http://www.youtube.com/watch?v=o1UI5tuPI20&#038;feature=player_embedded" target="_blank">this video</a>.
<center>
<iframe width="420" height="315" src="http://www.youtube.com/embed/o1UI5tuPI20" frameborder="0" allowfullscreen></iframe>
</center>
Stress Buster is on top, Cha Cha Cha on the bottom.  Sony did initially cry foul at this copying, leading NetMarble to (amusingly) claim that Sony was trying to piggyback on <i>its</i> success.  Of course, after that NetMarble then started adding a bunch of other features to its game to further distinguish it from the Sony game.  Oh look, competition spurring innovation.
<br /><br />
Either way, in the end, Sony decided <b>not</b> to pursue any sort of legal response.  While it still uses some slightly menacing language about how this doesn't mean they've settled, Sony admits that any "prolonged controversy" over this wouldn't be beneficial for the mobile game development community.
<blockquote><i>
According to <a href="http://www.etnews.com/news/contents/game/2737993_1489.html" target="_blank"><em>ET News</em></a> and <a href="http://www.thisisgame.com/board/view.php?category=102&#038;id=1480591" target="_blank"><em>This Is Game</em></a>, Sony told the Korean media that it did not want to "hamper" the mobile gaming industry in Korea.
<br /><br />
A Sony spokesperson is quoted by <em>This Is Game</em> as saying, "We were concerned that any prolonged controversy such as this is not beneficial for both the local and the international mobile game development community. Internally, we decided not to pursue any legal action as long as no additional problems arise. Some may think it's because we've settled with Netmarble already, but we are simply choosing not to pursue legal action in a broader view/sense. This does not mean we have settled with Netmarble."
</i></blockquote>
That's a fairly enlightened view, actually.  It's one that we've suggested in the past, though.  Even as it may be frustrating and annoying to have someone copy you, going legal in response often is <i>not</i> the best strategic response.  We've urged companies to recognize that fact, and kudos to Sony for holding back on releasing the legal hounds upon realizing the cost-benefit analysis meant it wouldn't be helpful (and would possibly be harmful to the wider community).<br /><br /><a href="http://www.techdirt.com/articles/20130324/22501222441/game-looked-like-rip-off-sony-isnt-suing-over-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130324/22501222441/game-looked-like-rip-off-sony-isnt-suing-over-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130324/22501222441/game-looked-like-rip-off-sony-isnt-suing-over-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-don't-have-to-sue</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130324/22501222441</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 22 Mar 2013 19:39:00 PDT</pubDate>
<title>Twitter Sued For $50 Million In France For Protecting Identity Of Hateful Twitter Users (Even Though It Deleted The Tweets)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml</link>
<guid>http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml</guid>
<description><![CDATA[ Last year the Union of Jewish French Students (UEJF) sued Twitter, because a bunch of people in France start tweeting ridiculous anti-semitic tweets as some sort of weird anti-semitic hashtag became popular in France:
<blockquote><i>
Last October, the UEJF sued Twitter after the hashtag "#unBonJuif" (French for "#aGoodJew") became the third most popular trending topic on Twitter in France. With so many tweets indexed under that hashtag, many users took the opportunity to post Holocaust jokes, racially charged statements (e.g. "#aGoodJew is a dead jew"), photos of dustpans filled with dust, and even calls to kill more Jews.
</i></blockquote>
Even though it's a strong defender of free speech, Twitter agreed to remove the tweets in question as offensive.  As someone who is Jewish and who is quite offended by anti-semitism, I still think this was the wrong move.  Censoring ignorant speech does nothing to fix things.  Ignorant speech should be countered with non-ignorant speech.  That said, Twitter made its decision and removed the tweets.
<br /><br />
Turns out, that wasn't enough.  The UEJF demanded the identities of everyone who tweeted such anti-semitic remarks.  Twitter refused, but lost in court.  Afterwards, it still refused to pass along the info, and so the UEJF has now <a href="http://www.ibtimes.com/print/twitter-sued-50-million-after-refusing-identify-authors-racist-anti-semitic-tweets-1145609" target="_blank">filed a second lawsuit, seeking $50 million</a>.
<blockquote><i>
&#8220;Twitter is playing the indifference card and does not respect the ruling,&#8221; Hayoun told AFP. &#8220;They have resolved to protect the anonymity of the authors of these tweets and have made themselves accomplices to racists and anti-Semites.&#8221;
</i></blockquote>
Either that or they're pushing back against a lynchmob mentality, and protecting at least some precepts of free speech and an expectation of privacy.  What's incredible, frankly, is that while Europe is known to have less respect for free speech principles than the US, it tends to have <i>greater</i> respect for privacy rights.  Apparently not in this case, however.
<br /><br />
Twitter has put out a statement suggesting that the UEJF is much more interested in using this <a href="http://www.cbsnews.com/8301-205_162-57575776/twitter-hit-with-$50m-suit-over-anti-semitic-tweet-data/" target="_blank">for publicity purposes</a> than anything else:
<blockquote><i>
"We've been in continual discussions with UEJF," a Twitter spokesperson told CNET. "As yesterday's new filing shows, they are sadly more interested in grandstanding than taking the proper international legal path for this data. We are filing our appeal today, and would have filed it sooner if not for UEJF's intentional delay in processing the court's decision."
</i></blockquote>
Even more ridiculous is that it appears that it's not just Twitter being sued, but <a href="http://phys.org/news/2013-03-french-jewish-students-legal-action.html" target="_blank">Twitter CEO Dick Costolo</a>.  If this all sounds vaguely familiar, that may be because a decade ago, Yahoo faced a similar ridiculous situation, in which both the company and its CEO were <a href="http://www.techdirt.com/articles/20020226/1545208.shtml">charged as war criminals</a> (no joke!) because Yahoo's <i>non-France</i> websites sold some Nazi memorabilia (they blocked it on Yahoo's French sites).  At some point, people bringing these kinds of lawsuits have to realize how counterproductive they are.  I'm extremely sympathetic to their offense at the ignorant tweets, but their legal actions take away all of that sympathy.<br /><br /><a href="http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i-may-not-like-what-you-say,-but-i'll-fight-for-your-right-to-say-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130322/14295922421</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 21 Mar 2013 11:09:10 PDT</pubDate>
<title>Sweet Brown Has Her Voice Autotuned, Sues 'iTunes' And Others For $15 Million</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130317/23555222357/sweet-brown-has-her-voice-autotuned-sues-itunes-others-15-million.shtml</link>
<guid>http://www.techdirt.com/articles/20130317/23555222357/sweet-brown-has-her-voice-autotuned-sues-itunes-others-15-million.shtml</guid>
<description><![CDATA[ Eric Wisti alerts us a case we hadn't heard about before.  You may recall a few years back how the <a href="http://www.techdirt.com/articles/20100819/18210810695.shtml"><i>Bed Intruder</i> song became a huge hit</a>, after the Autotune the News guys took an offbeat TV interview and turned it into a song.  They, famously, provided some of the proceeds from that song to the interviewee, Antoine Dodson.  Apparently, last year, a radio show called the Bob Rivers show sought to do something similar with an interview with a woman in Oklahoma, who goes by the name Sweet Brown (real name: Kimberly Wilkins), about a fire in her apartment complex.  Here's <a href="http://www.youtube.com/watch?v=uM6co-uHFTs" target="_blank">the original interview</a>.
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/uM6co-uHFTs" frameborder="0" allowfullscreen></iframe>
</center>
Then here's <a href="http://www.youtube.com/watch?v=po3jPq5LT0g" target="_blank">the "No time for bronchitis" song</a>:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/po3jPq5LT0g" frameborder="0" allowfullscreen></iframe>
</center>
And, because it's interesting, here's a video from a day or two later showing her <a href="http://www.youtube.com/watch?v=g87gRG9TAwU" target="_blank">general reaction</a>, including a mention that her son had posted the video to his own Facebook page:
<center>
<iframe width="420" height="315" src="http://www.youtube.com/embed/g87gRG9TAwU" frameborder="0" allowfullscreen></iframe>
</center>
Months later, however, it appears that Sweet Brown <a href="http://newsok.com/internet-celebrity-sweet-brown-sues-apple/article/3764255/?page=1" target="_blank">decided to sue the radio program</a> and <i>also iTunes</i> since the song is there.  Since the article is woefully unclear on the details, I pulled up the docket, and have posted some of the key filings below.  My guess is that she's going to have a difficult time.  The original lawsuit was filed without a lawyer in state court <a href="https://www.documentcloud.org/documents/623660-sweet-brown-complaint.html">and it shows</a>.  It claims "plagiarism sampling," "fraud," and "negligence" -- and demands $15 million.  Somewhere along the way, she actually found lawyers to represent her and they filed a <a href="https://www.documentcloud.org/documents/623659-sweet-brown-first-amended-complaint.html" target="_blank">very different complaint</a> that focused on Oklahoma's publicity rights law.  The case was then removed to federal court, where it belonged in the first place, and the Bob Rivers show made a <a href="https://www.documentcloud.org/documents/623658-bob-rivers-motion-to-dismiss.html">compelling case</a> for dismissal -- noting that she had consented to the interview and is not a well known person, for which a right of publicity would apply.  Not long after that, her lawyers <a href="https://www.documentcloud.org/documents/623657-sweet-brown-lawyers-withdraw.html">sought to withdraw</a> from the case, citing "unresolvable differences between counsel and the plaintiffs that require withdrawal of counsel," which the court later allowed.
<br /><br />
There was also an attempt at summary judgment that failed, when Brown failed to show that she had served "iTunes."  Of course, even if that happens, Apple has plenty of reasonable defenses, as a third party service provider, for why it's not liable.
<br /><br />
All that said, there is something about the video that feels exploitative.  The Autotune the News guys made sure that Antoine Dodson got something out of his unexpected fame, and you can see why it might have made good general sense to have cut Brown in on any proceeds, even if the Bob Rivers show was not legally required to do so.<br /><br /><a href="http://www.techdirt.com/articles/20130317/23555222357/sweet-brown-has-her-voice-autotuned-sues-itunes-others-15-million.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130317/23555222357/sweet-brown-has-her-voice-autotuned-sues-itunes-others-15-million.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130317/23555222357/sweet-brown-has-her-voice-autotuned-sues-itunes-others-15-million.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-likely-to-go-over-well</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130317/23555222357</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 8 Mar 2013 17:32:00 PST</pubDate>
<title>Bev Stayart Loses Yet Another Battle Against Levitra, Cialis And Search Engine Results</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130306/20295722233/bev-stayart-loses-yet-another-battle-against-levitra-cialis-search-engine-results.shtml</link>
<guid>http://www.techdirt.com/articles/20130306/20295722233/bev-stayart-loses-yet-another-battle-against-levitra-cialis-search-engine-results.shtml</guid>
<description><![CDATA[ <p>
<a href="http://www.techdirt.com/search.php?q=stayart&#038;search=Search" target="_blank">Bev Stayart</a>, tireless bringer of lawsuits against various search engines for their supposed besmirchment of her good name by placing it next to words like "Levitra," "Cialis," and various porn-related ads, has batted a solid .000 thus far in her legal career.
<br /><br />
In 2009, <a href="http://www.techdirt.com/articles/20090217/0239063794.shtml" target="_blank">she sued Yahoo!</a> for violating the trademark on her name (no. really.) with its search results, which often produced listings for porn sites and malware. (She, or her legal counsel/husband, also found time to threaten Techdirt with a lawsuit if it didn't remove certain comments on the original post. Techdirt didn't and the lawsuit failed to materialize.) This suit <a href="http://www.techdirt.com/articles/20090831/1625446057.shtml" target="_blank">was dismissed</a> later that year, with the court denying her request to refile.
<br /><br />
So, Stayart tried a <a href="http://www.techdirt.com/articles/20100120/1832147842.shtml" target="_blank">different tack</a>, suing Yahoo! for violating her "privacy rights." This suit was <a href="http://www.techdirt.com/articles/20101001/15170811254/court-once-again-dismisses-a-bev-stayart-lawsuit.shtml" target="_blank">also tossed</a>. In between filing suits against Yahoo! and having them tossed, Stayart filed another "pissed-off-at-search-engines" suit <a href="http://www.techdirt.com/articles/20100426/1436029176.shtml" target="_blank">against Google</a>, this time because her name seemed inextricably linked with Levitra in Google's suggestion box. This suit <a href="http://www.techdirt.com/articles/20110311/00332113435/bev-stayart-loses-yet-again-her-quixotic-quest-to-blame-search-engines-search-results-she-doesnt-like.shtml" target="_blank">was dismissed as well</a>, as she again failed to prove that her name was a marketable term eligible for trademark protection. All the while, the obvious solution has continued to elude her --- stop suing and mentioning porn, malware and Levitra in your lawsuits and your name <i>might</i> stop being connected with those terms by search engine algorithms.
<br /><br />
<a href="http://arstechnica.com/tech-policy/2013/03/court-google-isnt-liable-if-your-name-turns-up-near-something-you-dont-like/" target="_blank">The latest court decision keeps her hitless string intact, again finding in favor of Google</a>. Stayart's latest angle was to claim Google "misappropriated" her name because (mostly thanks to her legal efforts), "bev stayart levitra" remains a top search suggestion.
<blockquote>
<i>On Wednesday, however, the 7th Circuit Court of Appeals <a href="http://www.reuters.com/article/2013/03/06/us-google-searches-lawsuit-idUSBRE92513Z20130306?feedType=RSS&#038;feedName=technologyNews&#038;utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+reuters%2FtechnologyNews+%28Reuters+Technology+News%29" target="_blank">tossed her yet another loss</a> in her lawsuit against Google, upholding a decision made by a district court in 2011. In the appellate case, Stayart argued that her rights under Wisconsin's right to privacy laws had been violated under <a href="http://docs.legis.wisconsin.gov/statutes/statutes/995/50/2/b" target="_blank">&sect;995.50(2)(b)</a>.</i>
<br /><br />
<i>"The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian" constitutes an invasion of privacy, the law states.</i>
<br /><br />
<i>But the Court disagreed.</i>
<br /><br />
<i>"Stayart has not articulated a set of facts that can plausibly lead to relief under Wisconsin's misappropriation laws," the court <a href="http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&#038;Path=Y2013/D03-06/C:11-3012:J:Williams:aut:T:fnOp:N:1094825:S:0" target="_blank">wrote</a> (PDF).</i>
<br /><br />
<i>In fact, the court cited her own <a href="http://www.scribd.com/doc/62867400/Stayart-v-Yahoo-Reconsideration-Denied" target="_blank">previous case against Yahoo!</a>, in which that court found that there had to be a "substantial rather than an incidental connection between the use and the defendant's commercial purpose."</i>
</blockquote>
Many have tried but very few have proven (even in friendlier courts) that search engine algorithms just "have it in" for some people, linking them with ED drugs, porn, malware, Russian gang activity, etc. These many "victims" all share the same self-destructive tendency to file and refile lawsuits, with each filing further cementing the link between their names and the terms they'd rather <i>not</i> have connected with them.
<br /><br />
But this lesson remains lost on Stayart. It looks like she's ready to step up to the plate again, in hopes of finally getting on base.
<blockquote>
<i>Stayart called Ars back, and said that she vehemently disagrees with the decision, and is considering appealing the case to the United States Supreme Court, as well as other suits. However, she noted that her counsel (also, her husband) will make those decisions.</i>
</blockquote>
She adds that she feels the decision was "economically-based" and favored the "one percent." I'm really not sure exactly WHY she feels this way, but I'm sure the future will be full of opportunities for her to explain herself. And when the legal paper starts flying again, Stayart will find herself relentlessly pursued across various search engines by her old nemeses, Levitra and Cialis.
</p>
<center><div id="DV-viewer-611768-stayart" class="DV-container"></div>
<script src="//s3.amazonaws.com/s3.documentcloud.org/viewer/loader.js"></script>
<script>
  DV.load("//www.documentcloud.org/documents/611768-stayart.js", {
    width: 550,
    height: 560,
    sidebar: false,
    text: false,
    container: "#DV-viewer-611768-stayart"
  });
</script>
<noscript>
  <a href="http://s3.documentcloud.org/documents/611768/stayart.pdf">Stayart (PDF)</a>
  <br />
  <a href="http://s3.documentcloud.org/documents/611768/stayart.txt">Stayart (Text)</a>
</noscript></center><br /><br /><a href="http://www.techdirt.com/articles/20130306/20295722233/bev-stayart-loses-yet-another-battle-against-levitra-cialis-search-engine-results.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130306/20295722233/bev-stayart-loses-yet-another-battle-against-levitra-cialis-search-engine-results.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130306/20295722233/bev-stayart-loses-yet-another-battle-against-levitra-cialis-search-engine-results.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>knocking-the-wall-down,-one-head-on-collision-at-a-time</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130306/20295722233</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 5 Mar 2013 03:51:06 PST</pubDate>
<title>Swedish BitTorrent User Accused Of Sharing Beyonce Album, Hit By $233,000 Lawsuit From Sony</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130304/12141322193/swedish-bittorrent-user-accused-sharing-beyonce-album-hit-233000-lawsuit-sony.shtml</link>
<guid>http://www.techdirt.com/articles/20130304/12141322193/swedish-bittorrent-user-accused-sharing-beyonce-album-hit-233000-lawsuit-sony.shtml</guid>
<description><![CDATA[ <p>
Lots of news regarding file-sharing has come out of Sweden over the years, but as TorrentFreak points out, until now, <a href="https://torrentfreak.com/sony-hits-beyonce-file-sharer-with-233000-damages-lawsuit-130304/">there's never been a prosecution for alleged unauthorized sharing using BitTorrent</a>. The current case is unusual in a number of other respects:

<i><blockquote>The claim is that on June 8, 2011 a man from Gothenburg shared Beyonce's album '4' in advance of its June 24 commercial release date. The case was made even more interesting following the revelation that the 47-year-old is a music industry worker.</blockquote></i>

Because the album in question was a pre-release version, the Swedish prosecutor says he believes a heavy punishment could be handed down.  As if that weren't enough,  the label concerned -- Sony Music Entertainment -- has said that it intends to seek damages in a civil case:

<i><blockquote>In a submission to the Gothenburg District Court, Sony said that its business has been negatively affected by the leak on a number of fronts. The label says it has suffered damage to its marketing strategy, sales revenues and has also incurred additional costs. Sony adds that its relationship with Beyonce has been damaged and the artist's reputation hurt.
<br /><br />
For all of the above Sony say they will claim 1.5 million kronor from the man, which is roughly $233,000.</blockquote></i>

But as various studies have <a href="https://www.techdirt.com/blog/casestudies/articles/20130116/09224321702/just-as-many-musicians-say-file-sharing-helps-them-as-those-who-say-it-hurts.shtml">suggested</a>, rather than hurting Sony, it's just as likely that this leak helped make the official launch even more successful than it would have been.  Similarly, it's hard to see how Beyonce's reputation was hurt by such a leak, since the more passionate the fan, the more pleased they would be by obtaining early access.
</p>
<p>
Anyway, the figure of $233,000 seems plucked out of the air, as is so often the case in this evidence-free area.  Or perhaps it was inspired by the most famous damages imposed for unauthorized sharing of music, those against Jammie Thomas, who was fined $222,000 in her first trial (which then went up to $1,920,000 in the second trial, and to $1,500,000 in the third trial.)  The fact that her sorry saga is still <a href="https://www.techdirt.com/articles/20121211/16440021353/jammie-thomas-asks-supreme-court-how-much-is-too-much-copyright-infringement.shtml">dragging on</a> is an indication that even if Sony wins the current action, there are likely to be appeals against such a disproportionate and blatantly punitive figure.
</p>
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130304/12141322193/swedish-bittorrent-user-accused-sharing-beyonce-album-hit-233000-lawsuit-sony.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130304/12141322193/swedish-bittorrent-user-accused-sharing-beyonce-album-hit-233000-lawsuit-sony.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130304/12141322193/swedish-bittorrent-user-accused-sharing-beyonce-album-hit-233000-lawsuit-sony.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-justice?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130304/12141322193</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 19 Feb 2013 16:02:00 PST</pubDate>
<title>The Insanely Complex Rules The Supreme Court Requires You To Meet To Ask It To Hear Your Case</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130219/02285522024/insanely-complex-rules-supreme-court-requires-you-to-meet-to-ask-it-to-hear-your-case.shtml</link>
<guid>http://www.techdirt.com/articles/20130219/02285522024/insanely-complex-rules-supreme-court-requires-you-to-meet-to-ask-it-to-hear-your-case.shtml</guid>
<description><![CDATA[ We recently talked about Aaron Greenspan for his efforts to <a href="http://www.techdirt.com/articles/20130123/03153321760/can-crowdsourcing-complete-job-aaron-swartz-started-freeing-pacer.shtml">continue</a> some of the efforts that Aaron Swartz began -- freeing up information to legal documents, in particular.  However, back in 2007, we also wrote about Greenspan for being yet another Harvard person <a href="http://www.techdirt.com/articles/20070904/003903.shtml">claiming</a> that he really invented Facebook, and that Zuckerberg copied from him.  We thought those claims were kind of silly.  Greenspan did eventually <a href="http://www.insidefacebook.com/2009/05/22/facebook-announces-settlement-of-legal-dispute-with-another-former-zuckerberg-classmate/" target="_blank">settle</a> with Facebook on a trademark claim (after Greenspan tried to get Facebook's marks cancelled), though last year he tried to <a href="http://techcrunch.com/2012/09/19/tell-it-to-the-judge-why-the-press-is-wary-when-another-scorned-harvard-alum-says-zuck-copied-him/" target="_blank">claim he had new evidence</a> of copying by Zuckerberg, which all seems fairly silly. As we've noted time and time again, ideas mean little.  It's all about the execution.  Facebook executed in a way people wanted.  Get over it.
<br /><br />
That wasn't Greenspan's only long shot legal dispute.  He also sued author Ben Mezrich, Mezrich's publisher Random House, and Columbia Pictures, claiming that they all more or less rewrote his own book.  Mezrich's book, <i>Accidental Billionaires</i>, became the hit movie <i>The Social Network</i>, and Greenspan claims they both infringe on his own book, which he had trouble publishing, about the origins of Facebook.  Greenspan is representing himself (pro se) and hasn't had much luck.  The case was easily dismissed by both the district court and the appeals court.  The district court reminded Greenspan that you can't copyright facts.  I tend to think that Greenspan's legal escapades concerning these things are simply tilting at windmills.  There's no case here and he should really move on.
<br /><br />
That said, there is a really fascinating tangent to all of this.  After the appeals court once again rejected Greenspan's arguments, he went through the process of filing to ask the Supreme Court to hear the case (the chances of this actually happening are very, very, very slim).  However, his blog post about his reasons for filing <a href="http://www.aarongreenspan.com/writing/essay.html?id=87" target="_blank">and the <i>insane process</i> that the Supreme Court makes you go through</a> is absolutely worth reading.  Basically, he notes that every step of the way there are bizarre, convoluted and ridiculous rules that seem to serve no purpose other than to try to make it frustrating as hell for a normal everyday person to actually appeal to the Supreme Court without hiring an expensive lawyer and/or some really expensive services.  Here's just a snippet of a much longer piece, which I highly recommend, despite my feeling that his lawsuits are a complete waste of time.
<blockquote><i>
<p>The first thing to know is that the finished booklet must be 6 and 1/8th inches wide and 9 and 1/4 inches high.</p><p>9 and 1/4 inches is a strange number when it comes to page length. Most of us know paper (so long as we're not in Europe or Asia) as being 8 and 1/2 inches wide by 11 inches high, commonly referred to as "Letter" size paper. If you take a standard sheet of Letter paper and fold it over, you get a booklet that is 5 and 1/2 inches by 8 and 1/2 inches. For the Supreme Court's purposes, that for whatever reason doesn't work. (Interestingly, the dimensions of the printed text block easily fit on a Letter sheet of paper, so Rule 33.1 could be said to be designed to mandate slightly bigger margins, and nothing more.)</p><p>Well&#8212;you might think (as I did)&#8212;maybe they sell 12 and 1/4 inch by 9 and 1/4 inch paper in stores (so that when you fold it over lengthwise you get a booklet that matches the Court's required dimensions).</p><p>They most certainly do not sell 12 and 1/4 inch by 9 and 1/4 inch paper in stores. It's one of the only things, in fact, that I've ever typed into Google and not found a single relevant result for. However we farm trees to make paper, we do not farm them to make paper of this size. It does not exist in the marketplace.</p>
</i></blockquote>
He goes on to note that the Supreme Court even specifies the weight of the paper, but not the type (which makes a difference in understanding the weight), leading to confusion.  Oh yeah, also the filings are encouraged by the Court to be bound together with a specific stitch: saddle stitch.  The whole thing is a crazy story -- and while I think this legal filing itself is a waste of time, I really appreciate his sharing the details of some of the insanity it takes to actually file.
<br /><br />
Yes, we don't want random crackpots continually inundating the Supreme Court, but it really seems like these archaic rules now serve little purpose other than to make things nearly impossible for anyone who doesn't do <i>exactly this</i> for a living to take part in the process.  Basically, it's just like other sets of regulations whose sole purpose really seems to be to prop up a mini industry that has sprung up around them.  In this day and age, it seems only reasonable that the rules should be modernized quite a bit.<br /><br /><a href="http://www.techdirt.com/articles/20130219/02285522024/insanely-complex-rules-supreme-court-requires-you-to-meet-to-ask-it-to-hear-your-case.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130219/02285522024/insanely-complex-rules-supreme-court-requires-you-to-meet-to-ask-it-to-hear-your-case.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130219/02285522024/insanely-complex-rules-supreme-court-requires-you-to-meet-to-ask-it-to-hear-your-case.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what's-the-point</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130219/02285522024</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 11 Jan 2013 05:44:14 PST</pubDate>
<title>Just How Dumb Is It For CBS To Block CNET From Giving Dish An Award?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml</link>
<guid>http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml</guid>
<description><![CDATA[ As you may or may not recall, last year, pretty much all the TV networks <a href="http://www.techdirt.com/articles/20120525/04185919074/tv-networks-file-legal-claims-saying-skipping-commercials-is-copyright-infringement.shtml">sued Dish Networks</a> over a new feature it had launched, PrimeTime Any Time (PTAT), with its Autohopper technology on its DVRs.  PTAT is where it would automatically record all the major networks' prime time programming and hold onto it for a bit.  Autohopper would then automatically skip over the commercials.  It's important to recognize that these features, on their own, have been considered legal.  VCRs had auto commercial skip ages ago and DVR technology (time shifting) has been called fair use plenty of times.  Given that, the lawsuits <a href="http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml">aren't going well</a> so far.
<br /><br />
But, in a moment of pure stupidity, some very short-sighted suits at CBS made a really silly decision.  As you may or may not have heard, CES -- the massive consumer electronics show -- has been going on all this week in Las Vegas.  I just got back from there myself.  At the show, Dish announced another merging of some of its products, adding its Slingbox (who they bought years back) to the same basic setup.  Slingbox, of course, is for "place shifting" what the DVR is for "time shifting."  You hook it up to your TV and it lets you access what's playing on your TV via the internet (so, via your computer, phone or tablet).  It's hardly surprising that this is where Dish was heading.
<br /><br />
And... the early reviews and buzz were definitely strong.  For example, CNET wrote a <a href="http://reviews.cnet.com/digital-video-recorders-dvrs/dish-hopper-with-sling/4505-6474_7-35566943.html" target="_blank">glowing review</a> in which executive editor David Carnoy suggested it may be the best DVR out there these days.  The CNET crew liked the thing so much that they <a href="https://twitter.com/CNET/statuses/289090800011313152" target="_blank">nominated it for their "Best of CES" award.
<center>
<a href="http://imgur.com/YBeo6"><img src="http://i.imgur.com/YBeo6.png" width=560 /></a>
</center>
And... then the suits at CNET parent company CBS noticed.  And suddenly they told CNET that it </a><a href="http://go.bloomberg.com/tech-blog/2013-01-10-cbs-to-dish-no-ces-award-for-you/" target="_blank">had to remove the Dish Hopper with Sling from consideration</a> for the Best of CES award <i>and</i> that it was no longer allowed to review any Dish products.  CNET editors appended the following note to their review:
<blockquote><i>
Editors' note: The Dish Hopper with Sling was removed from consideration for the Best of CES 2013 awards due to active litigation involving our parent company CBS Corp. We will no longer be reviewing products manufactured by companies with which we are in litigation with respect to such product.
</i></blockquote>
This is <i>monumentally</i> stupid, for a variety of reasons.  Let's see how many we can come up with.
<ol>
<li> Hello <a href="http://en.wikipedia.org/wiki/Streisand_effect">Streisand Effect</a>.  There were approximately one gazillion articles this week about products coming out of CES, and the place was wall to wall with journalists -- probably half of whom were coming up with their own "best of" lists.  Most people were completely saturated with CES stories and would barely glance at such a story.  Except... now, tons of people are suddenly finding out about this <i>awesome</i> Dish DVR, the Hopper with Slingbox.  In fact, they're hearing that the damn thing is so good that CBS is trying to block any news of it from getting out.  Talking about increasing the awareness...  I have no clue whatsoever what product CNET -- or any other publication -- awarded "best of CES" to.  But I sure as hell am well aware of Dish's new DVR.
</li><li> Goodbye to the wall that separates the suits from the journalists at CBS/CNET.  CBS execs have just confirmed that they don't want their journalists and reviewers to cover things based on the merits, but rather on what it means for their corporate masters.
</li><li> Hello slippery slope.  Is it really that hard to see where this heads next?  Is CNET still allowed to <i>report on the lawsuit</i> if CBS loses?  If they can't talk about the products, what about the legal issues themselves?
</li><li> Goodbye journalists with credibility.  Frankly, CNET has always had some of the strongest tech reporters in the business.  For many years I've considered it one of the top tech news sites out there.  I have tremendous respect for many of the reporters there.  But, now I have to wonder how much the suits are interfering with their ability to report things accurately.
</li><li> Goodbye to principled journalists who want to work for CBS.  If I'm a journalist at CNET right now, I'd be seriously considering quitting in protest.  This move seriously harms the brand and reputation of the site, and this is the kind of thing that journalists should stand up against.  Having the suits interfere with what they can write about is generally seen as a massive offense to journalists.  I would bet this leads to some of the best, most principled CNET reporters jumping ship to elsewhere.
</li><li> Good luck to CNET hiring new journalists.  Who wants to jump into that toxic situation?
</li></ol>
CBS's suits should have kept quiet and not interfered with the news side of the business.  They had to know that this would backfire in a big bad way.  And, if they didn't know that, they deserve to lose their jobs for being pretty clueless about things that matter.
<br /><br />
Of course, they were probably thinking that Dish would likely use the reviews from CNET as evidence in the lawsuit, which very well may be true (and could still happen since the review did go out).  But it's not hard to get around that, since the legal impact of a single review is near zilch.  In the end, they didn't stifle the review, they made it more well known.  They didn't do anything that helps them in their lawsuit.  And they're left with an undoubtedly pissed off set of journalists who may now question how free they are to actually report the news.<br /><br /><a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>count-the-ways</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130111/00145421637</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 13 Dec 2012 16:35:33 PST</pubDate>
<title>Live By The Patent, Die By The Patent: Apple Loses Patent Lawsuit Over Sony &#038;  Nokia Patents</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121213/12173921379/live-patent-die-patent-apple-loses-patent-lawsuit-over-sony-nokia-patents.shtml</link>
<guid>http://www.techdirt.com/articles/20121213/12173921379/live-patent-die-patent-apple-loses-patent-lawsuit-over-sony-nokia-patents.shtml</guid>
<description><![CDATA[ We've argued before that it often seems that operating companies that decide to go down the path of suing others for patent infringement are really just opening themselves up to being hit with similar patent lawsuits themselves.  It's a complete waste of time and money (all of which could be going towards actual innovation).  With Apple launching patent nuclear wars all over the place, now it's been getting hit back with suits from others.  The latest is that Apple has <a href="http://www.reuters.com/article/2012/12/13/us-apple-patents-verdict-idUSBRE8BC15020121213?feedType=RSS&#038;feedName=technologyNews&#038;utm_source=dlvr.it&#038;utm_medium=twitter&#038;dlvrit=56505" target="_blank">lost a patent dispute with MobileMedia</a>, a company that Sony and Nokia dumped some patents into for the sake of <strike>shaking down</strike> getting "licensing" revenue from other companies.  The whole thing is silly, and Apple, Sony, Nokia, Samsung, HTC, Motorola, Microsoft and everyone else would be better served by not having to fight off all these silly lawsuits, but by being focused on making better products and competing in the marketplace.<br /><br /><a href="http://www.techdirt.com/articles/20121213/12173921379/live-patent-die-patent-apple-loses-patent-lawsuit-over-sony-nokia-patents.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121213/12173921379/live-patent-die-patent-apple-loses-patent-lawsuit-over-sony-nokia-patents.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121213/12173921379/live-patent-die-patent-apple-loses-patent-lawsuit-over-sony-nokia-patents.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121213/12173921379</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 7 Dec 2012 17:31:00 PST</pubDate>
<title>VCs Successfully Fund Lawsuit Against Best Buy After It Completely Screws Over Startup</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20121205/14081821244/vcs-successfully-fund-lawsuit-against-best-buy-after-it-completely-screws-over-startup.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20121205/14081821244/vcs-successfully-fund-lawsuit-against-best-buy-after-it-completely-screws-over-startup.shtml</guid>
<description><![CDATA[ I recently heard a story of yet another startup which had been hit by a bogus patent troll lawsuit.  As always, it would be cheaper to just settle the lawsuit than to fight it in court, even though they knew that they would win.  In this case, the CEO said he was going to fight it anyway because it was "the right thing to do" and to ward off future trolls.  That, of course, is the worst part of troll lawsuits: the reason they work so well is that it's cheaper to "lose" and pay the troll than to "win" in court.  Obviously, the <a href="http://www.techdirt.com/articles/20120801/00181919902/new-patent-reform-bill-defines-software-patents-targets-trolls.shtml">SHIELD Act</a> looks to change some of that calculus by making trolls have to pay up for bogus lawsuits.  However, in general, plenty of startups can tell stories (beyond just patent trolls) in which they "settled" some sort of legal dispute, rather than did what's "right" and to win in court.  Frequently, this is driven by the pressures from investors and venture capitalists, who don't want to fund lawsuits but high growth companies. 
<br /><br />
Of course, many realize that settling or foregoing a legal response in such cases can often make the situation worse, because it attracts <i>more</i> such activity from companies who know they can get away with it.  I'm thinking of that after reading this fascinating story by famed venture capitalist, Josh Kopelman, in which he discusses why he and another investor in the startup TechForward <a href="http://redeye.firstround.com/2012/12/why-first-round-capital-funded-a-lawsuit.html" target="_blank">financed a lawsuit against Best Buy</a>.  You should read the whole thing, but the short version is that Best Buy approached TechForward about using its system to create a "buyback" program.  They signed some non-disclosure agreements, leading TechForward to share a bunch of confidential info about their model with Best Buy.  Best Buy proceeded to take that info, and then tell TechForward "no thanks."  Of course, it came out that the plan all along had been to get access to TechForward's model to build Best Buy's own.  Due to the amount of resources (over a year) that went into trying to get the deal, having Best Buy pull it out from under them left TechForward in a bad position, and its assets were sold off.  <b>But the VCs kept funding the lawsuit</b>:
<blockquote><i>
Best Buy's last minute actions posed a fatal blow.  <a href="http://techcrunch.com/2011/02/14/best-buy-brings-in-ozzy-and-bieber-to-completely-hose-techforward-says-lawsuit/" target="_self">Techforward sued Best Buy</a> &#8211; but it would take a very long time before the case made it through trial.   And since Techforward had invested so much money working on the Best Buy deal, the cash position of the company was not looking good.  The board ultimately had to make a horrible choice &#8211; they <a href="https://www.techforward.com/press_squaretradeacq.php" target="_self">sold Techforward's assets to a third party</a>.  BUT &#8211; they did not sell the lawsuit.  Instead, First Round Capital (along with our co-investor, NEA) decided to keep funding the lawsuit.  And over the last 18 months, we and NEA gave the lawyers hundreds of thousands of dollars to keep the suit going.  This wasn't an easy decision.  We are in the business of funding companies &#8211; not lawsuits.   But my partner, <a href="http://www.firstround.com/team/howard_morgan" target="_self">Howard Morgan</a>, was a board member of Techforward &#8211; and he sat in those board meetings.   And Howard was convinced that Best Buy shouldn't get away with their behavior.   We needed to send a message to Best Buy &#8211; and every other large company &#8211; that they can't blatantly violate agreements and steal ideas from startups.  And <em><span style="text-decoration: underline;"><strong>if big companies believe they can violate agreements with immunity because a startup can't afford to sue them, it is bad news for every startup in the ecosystem.
</strong></span></em>
</i></blockquote>
The end result is that a jury sided with TechForward, awarding it a $22 million award, along with an additional $5 million in punitive damages as response to the action being willful and malicious.  The details show that Best Buy employees were pretty blatant about their plan to lead TechForward along, get access to its model, and then copy it.  In one email exchange between employees, they even said directly "...remove the Techforward reference in the file names..."
<br /><br />
A couple of thoughts on this.  It is incredibly rare and surprising to see VCs like Josh and Howard agree to do this kind of thing.  I can't recall a single instance of VCs agreeing to fund a lawsuit like this.  However, as with the CEO fighting the patent troll, there's an important signalling aspect to this decision.  Letting companies know that they can't just rely on VCs not wanting to fund such a lawsuit might lead some big companies to think twice before trying to take advantage of smaller companies.  Hopefully more venture capitalists will agree to do similar things.
<br /><br />
The second interesting tidbit: this kind of lawsuit got figured out <i>without</i> using a patent.  We always hear about how patents are "necessary" to stop big companies from just copying small companies -- but what this showed was that (1) it's not always so easy to copy without more detailed knowledge and access and (2) even if such access is granted, it can be done so conditionally (such as with an NDA, as in this case) allowing for the sharing of information, without having to use a tool like a patent or a copyright.  Hopefully more investors will do similar things, recognizing not just the wider social benefit, but in scaring off other companies from either filing bogus lawsuits of their own, or just taking questionable actions towards the companies.<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20121205/14081821244/vcs-successfully-fund-lawsuit-against-best-buy-after-it-completely-screws-over-startup.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20121205/14081821244/vcs-successfully-fund-lawsuit-against-best-buy-after-it-completely-screws-over-startup.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20121205/14081821244/vcs-successfully-fund-lawsuit-against-best-buy-after-it-completely-screws-over-startup.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>stopping-bullies</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121205/14081821244</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 4 Dec 2012 14:04:00 PST</pubDate>
<title>Canadian Copyright Law Caps Statutory Damages At $5,000 Just As File Sharing Lawsuits Make Their Unwelcome Return</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121202/19532721203/canadian-copyright-law-caps-statutory-damages-5000-just-as-file-sharing-lawsuits-make-their-unwelcome-return.shtml</link>
<guid>http://www.techdirt.com/articles/20121202/19532721203/canadian-copyright-law-caps-statutory-damages-5000-just-as-file-sharing-lawsuits-make-their-unwelcome-return.shtml</guid>
<description><![CDATA[ There's some bad news on the copyright front in Canada, but at least it's tempered with some, if not actually <i>good</i> news, <i>reasonable</i> news. The bad news is that file sharing lawsuits are returning to Canada, assisted by forensic software companies like Canipre, <a href="http://www.vancouversun.com/technology/internet/Company+collects+data+millions+illegal+downloaders/7613175/story.html" target="_blank">which has been collecting information on infringing users for the past several months</a>.
<blockquote>
<i>A forensic software company has collected files on a million Canadians who it says have downloaded pirated content.</i><br />
<br />
<i>And the company, which works for the motion picture and recording industries, says a recent court decision forcing Internet providers to release subscriber names and details is only the first step in a bid to crack down on illegal downloads.</i><br />
<br />
<i>&ldquo;The door is closing. People should think twice about downloading content they know isn&rsquo;t proper,&rdquo; said Barry Logan, managing director of Canipre, the Montreal-based forensic software company.</i><br />
<br />
<i>Logan said while last week&rsquo;s court case involved only 50 IP addresses, his company is involved in another case that will see thousands of Canadians targeted in a sweep aimed at deterring Internet users from illegally downloading movies and other digital content.</i></blockquote>
<blockquote>
<i>Logan said his company has files on one million Canadians who are involved in peer-to-peer file sharing and have downloaded movies from BitTorrent sites, identifying them through Internet Protocol addresses collected over the past five months.</i></blockquote>
Moving beyond the obvious problem with <a href="http://www.techdirt.com/articles/20120407/02183318421/yet-another-copyright-troll-case-kicked-out-court-with-excellent-reasoning-judge.shtml" target="_blank">identifying infringers through an IP address</a>, it looks as if Canadian citizens are going to be on the receiving end of lawsuits brought by members of the content industry. Whether this results in a corresponding sales boost to the industries involved remains to be seen, but the tactics involved (mass lawsuits, IP addresses) seem to have been taken from the copyright trolls' handbook. In short, there's nothing remotely "good" about this news.<br />
<br />
Even though the tactics are familiar and the companies involved state that they're modeling their actions on their American counterparts, there's one aspect that trails far "behind" the US system: statutory damages. <a href="http://www.michaelgeist.ca/content/view/6710/125/" target="_blank">Michael Geist reminds us of the <i>reasonable</i> news, which is as close to "good" as this situation gets</a>:
<blockquote>
<i>While it is possible that many will receive demand letters, it is important to note that recent changes to Canadian copyright <b>law limit liability in non-commercial cases to a maximum of $5,000 for all infringement claims. In fact, it is likely that a court would award far less - perhaps as little as $100</b> - if the case went to court as even the government's FAQ on the recent copyright reform bill provided assurances that Canadians "will not face disproportionate penalties for minor infringements of copyright by distinguishing between commercial and non-commercial infringement."</i></blockquote>
Compared to the US statutory damage laws, which allow for up to $150,000 <i>per</i> infringement, Canada's limits bring personal liability down to something more in line with the "damages" of non-commercial infringement. Even commercial infringement is treated more realistically, capping out at $20,000 per infringement.<br />
<br />
This would be the small bit of "good" news contained within the unwelcome return of file sharing lawsuits. Geist theorizes on the mass lawsuit process, lending more credence to the idea that the represented industries are heading out for a bit of trolling. Fortunately for Canadian citizens, a low cap on damages means very few of those swept up in mass filings will end up in court.
<blockquote>
<i>The lawsuits will likely follow a three-step process. First, rights holders will seek a court order requiring Internet providers to disclose customer name and address information. Second, should the court order the disclosure, rights holders will use the information to send settlement demand letters to subscribers. The letters will allege infringement and likely offer to settle the case for several thousand dollars. If subscribers refuse to settle - perhaps they believe the allegation is inaccurate or the settlement demands unfair - it will fall to rights holders to follow through with a lawsuit. Given recent changes to the law, there is reason to doubt those cases will be filed as the individual liability is very limited.</i></blockquote>
If you can't keep rights holders from casting a wide net in hopes of swift settlements, the next best thing is to keep them from seeking outrageous statutory damages. With the very real possibility of showing up in court only to walk out with a $100 bill, one would suspect that settlement requests will stay at more realistic levels.<br /><br /><a href="http://www.techdirt.com/articles/20121202/19532721203/canadian-copyright-law-caps-statutory-damages-5000-just-as-file-sharing-lawsuits-make-their-unwelcome-return.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121202/19532721203/canadian-copyright-law-caps-statutory-damages-5000-just-as-file-sharing-lawsuits-make-their-unwelcome-return.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121202/19532721203/canadian-copyright-law-caps-statutory-damages-5000-just-as-file-sharing-lawsuits-make-their-unwelcome-return.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sounds-like-these-suits-should-be-filed-in-small-claims-court</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121202/19532721203</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 12 Nov 2012 13:21:00 PST</pubDate>
<title>Apple Learns That Suing A Key Supplier May Not Be So Smart; Samsung Jacks Up Prices On Apple</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121112/11010321021/apple-learns-that-suing-key-supplier-may-not-be-so-smart-samsung-jacks-up-prices-apple.shtml</link>
<guid>http://www.techdirt.com/articles/20121112/11010321021/apple-learns-that-suing-key-supplier-may-not-be-so-smart-samsung-jacks-up-prices-apple.shtml</guid>
<description><![CDATA[ Apple may be happy it won the first round of its patent fight against Samsung in the US (it's not faring quite so well elsewhere around the globe), but these things have consequences.  Besides being a competitor, Samsung is also a key Apple <i>supplier</i>... and it appears that Samsung is now using that to its advantage, <a href="http://www.marketwatch.com/story/samsung-hits-apple-with-20-price-hike-report-2012-11-11" target="_blank">jacking up the price on a mobile processor supplied to Apple by 20%</a>.  The report notes that Apple pushed back initially, but after realizing it couldn't find a reasonable replacement, agreed to the new prices.
<blockquote><i>
According to the report, Apple buys all APs used for production of iPhone and iPad from Samsung Electronics with the volume estimated to be 130 million units last year and more than 200 million units this year.
<br /><br />
Samsung Electronics has a long-term contract to supply APs to Apple until 2014, the report added. 
</i></blockquote>
So even if Samsung has to pay Apple for patent infringement, perhaps it'll be financed by the higher prices on processors Samsung sells Apple.
<br /><br />
Maybe, next time, instead of suing each other, they could just focus on building products people like and letting the market sort the rest out.<br /><br /><a href="http://www.techdirt.com/articles/20121112/11010321021/apple-learns-that-suing-key-supplier-may-not-be-so-smart-samsung-jacks-up-prices-apple.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121112/11010321021/apple-learns-that-suing-key-supplier-may-not-be-so-smart-samsung-jacks-up-prices-apple.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121112/11010321021/apple-learns-that-suing-key-supplier-may-not-be-so-smart-samsung-jacks-up-prices-apple.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-look-at-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121112/11010321021</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 29 Oct 2012 11:41:44 PDT</pubDate>
<title>The Year In SLAPPs: From The Oatmeal To Pink Slime</title>
<dc:creator>Evan Mascagni</dc:creator>
<link>http://www.techdirt.com/articles/20121019/23540420770/year-slapps-oatmeal-to-pink-slime.shtml</link>
<guid>http://www.techdirt.com/articles/20121019/23540420770/year-slapps-oatmeal-to-pink-slime.shtml</guid>
<description><![CDATA[ 2012 has been yet another year filled with meritless lawsuits filed solely to chill First Amendment free speech rights -- so-called Strategic Lawsuits Against Public Participation (SLAPP).  As websites relying on user-generated content continue to increase in popularity, we also see a rise in SLAPPs targeting online speech, from the everyday blogger to the one-time online reviewer.  Some of the most talked about SLAPPs this year include:
 <br /><br />
<a href="https://www.eff.org/press/releases/charles-carreon-drops-bogus-lawsuit-against-oatmeal-creator" target="_blank">The Oatmeal SLAPP</a> -- Matthew Inman wrote a blog post condemning FunnyJunk for posting hundreds of his comics without crediting or linking back to his website, <a href="http://theoatmeal.com/" target="_blank">The Oatmeal</a>. Through attorney Charles Carreon, FunnyJunk sent Inman a threat letter over the blog post, claiming it was defamatory and demanding $20,000.  Inman&#8217;s response?  To publicly post the letter with a hilarious critique and start an online fundraising campaign to raise $20,000. Yet, instead of reaching his $20,000 goal and sending the money to FunnyJunk, he raised over $200,000 and gave all of the money to charity.  Carreon couldn&#8217;t let it go and filed a lawsuit to try to derail the fundraising campaign, but later voluntarily dismissed it.
 <br /><br />
<a href="http://www.anti-slapp.org/recent/beaverton-grace-bible-church-loses-in-lawsuit-against-former-church-members/" target="_blank">SLAPP 4 Jesus</a> -- Even churches are SLAPP happy, as evidenced by a SLAPP filed by Beaverton Grace Bible Church in Oregon against former church members who had blogged and written online reviews of their experiences at the church.  The judge ruled that the case was a SLAPP and ordered the church to pay the defendants' attorneys fees.
 <br /><br />
<a href="http://www.policymic.com/articles/11111/rachel-maddow-and-aaron-walker-slapp-lawsuits-are-a-slap-to-our-freedom-of-speech" target="_blank">Rachel Maddow SLAPPed 4 Jesus</a> -- A defamation suit against Rachel Maddow was filed by Bradlee Dean, an anti-LGBT preacher from Minnesota. Dean sued Maddow after she ran a story on The Rachel Maddow Show, where she aired a segment from Dean's radio show where he said that Muslims were "more moral than even the American Christians" because they were "calling for the execution for homosexuals." Luckily for Maddow, Washington D.C. enacted a strong anti-SLAPP law last year.  The judge ruled that the case was a SLAPP and ordered Dean to pay Maddow's attorneys fees.
 <br /><br />
<a href="http://www.anti-slapp.org/recent/pink-slime-lawsuit-may-be-frivolous-but-could-chill-speech/" target="_blank">"The Pink Slime" SLAPP</a> -- Beef Products, Inc., a South Dakota beef producer, recently filed a defamation lawsuit against ABC News, seeking at least $1.2 billion in damages, claiming the broadcaster unfairly disparaged its beef additive by labeling it "pink slime."  The Complaint was filed last month and ABC has not yet responded.
 <br /><br />
Fortunately for Inman, the church SLAPP defendants and Rachel Maddow, California, Oregon and Washington DC have all enacted anti-SLAPP statutes.  Unfortunately for ABC, Beef Products filed their defamation lawsuit in South Dakota, which does not have an anti-SLAPP law.  What this means is that they will not be able to bring an anti-SLAPP motion and potentially get the case dismissed early and have their attorneys&#8217; fees awarded.  However, South Dakota is not alone -- <a href="http://www.anti-slapp.org/your-states-free-speech-protection/" target="_blank">almost half of the states have not enacted anti-SLAPP laws</a>, demonstrating the need for a federal law to protect against meritless SLAPPs.
 <br /><br />
2012 marked the second time federal anti-SLAPP legislation was introduced in Washington DC.  In 2009, Congressman Steve Cohen introduced the Citizen Participation Act in the House of Representatives, which ultimately died when it was referred to committee.  This year, retiring Senator John Kyl introduced the <a href="http://www.anti-slapp.org/recent/free-press-act-of-2012/" target="_blank">Free Press Act of 2012</a>.  Unfortunately, Sen. Kyl's bill has a very narrow anti-SLAPP provision that only applies to representatives of the news media.  But hopefully Senator Kyl's bill can be a starting point to build bi-partisan support for strong and robust federal anti-SLAPP legislation after the November elections.  With a recent <a href="http://www.anti-slapp.org/recent/american-bar-association-supports-federal-anti-slapp-legislation/">endorsement</a> of federal anti-SLAPP legislation from the American Bar Association, a national association of attorneys and the world's largest voluntary professional organization, a fresh session of Congress in 2013 looks promising for the future of anti-SLAPP legislation protecting all Americans' right to speak out.
 <br /><br />
<i>Evan Mascagni is an Organizer with the <a href="http://www.anti-slapp.org/" target="_blank">Public Participation Project</a>, the only organization in the country whose sole mission is to enact federal anti-SLAPP legislation.</i><br /><br /><a href="http://www.techdirt.com/articles/20121019/23540420770/year-slapps-oatmeal-to-pink-slime.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121019/23540420770/year-slapps-oatmeal-to-pink-slime.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121019/23540420770/year-slapps-oatmeal-to-pink-slime.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>slapp-happy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121019/23540420770</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 15 Oct 2012 09:50:26 PDT</pubDate>
<title>The Dark Patent Troll Rises: Now 40% Of All Patent Litigation</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121011/09581320679/dark-patent-troll-rises-now-40-all-patent-litigation.shtml</link>
<guid>http://www.techdirt.com/articles/20121011/09581320679/dark-patent-troll-rises-now-40-all-patent-litigation.shtml</guid>
<description><![CDATA[ With <a href="http://www.techdirt.com/blog/wireless/articles/20121009/01444620656/cisco-motorola-netgear-team-up-to-expose-wifi-patent-bully.shtml">story</a> upon <a href="http://www.techdirt.com/blog/wireless/articles/20121009/01444620656/cisco-motorola-netgear-team-up-to-expose-wifi-patent-bully.shtml">story</a> upon <a href="http://www.techdirt.com/articles/20120919/03025920427/overeager-patent-troll-cant-tell-github-its-web-host.shtml">story</a> (upon <a href="http://www.techdirt.com/articles/20120830/18031820224/want-to-shake-down-cloud-music-video-providers-patent-sale.shtml">story</a>) of how patent trolls, those non-producing entities that derive income solely through litigation and threat thereof, are enormous leeches on innovation and progress, you may have noticed something. You possibly thought to yourself, "it sure seems like we're hearing more about these vampiric bastards these days". Guess what? You are, because there's more of them. <i>Vastly</i> more.<br />
<br />
According to a recent <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2158455">study</a>&nbsp;by Robin Feldman of UC Hastings College of Law and Lex Machina, the percentage of patent cases finding their way to court <a href="http://arstechnica.com/tech-policy/2012/10/trolls-filed-40-of-patent-infringement-lawsuits-in-2011/">jumped from 22% in 2007 to 40% in 2011</a>. Note that the following graph is a corrected graph issued after the initial report by the authors.
<center>
<img src="http://i.imgur.com/luftX.jpg" style="-webkit-user-select: none" width="450" /></center>
<blockquote>
<i>The study was inspired by the America Invents Act, last year's largely toothless overhaul of the patent system. In it, Congress asked the Government Accountability Office (GAO) to study the impact of non-practicing entities&mdash;a more clinical term for patent trolls&mdash;on the economy. Because Lex Machina already had a database of patent litigation, the GAO asked it to produce a random sample of 100 patent lawsuits for each year from 2007 to 2011. In addition to supplying the GAO with the data it needed for its forthcoming study, Lex Machina decided to publish its own interpretations of the sample.</i></blockquote>
As the Ars Technica piece notes, that shocking statistic above doesn't even tell the whole story. When you consider that patent litigation as a total has jumped in volume, coupled with the number/percentage of patent troll threats settling well outside of the courtroom, experts figure that the size of the patent troll leeches are roughly double the size of your average adult kraken.
<blockquote>
<i>"From all appearances, lawsuits filed are only the tip of the iceberg</i> (editors note: kraken-sized leeches often hide under iceberg tips), <i>and a major operating company may face hundreds of invitations to license for every lawsuit," the authors write.</i></blockquote>
<blockquote>
<i>The America Invents Act was enacted in the final months of the study period. And there was at least one minor change designed to deter troll behavior: the law made it harder to name many defendants in a single lawsuit. But the law's main provisions, such as the switch from a "first to invent" rule to "first to file" is unlikely to affect the volume of troll litigation.</i></blockquote>
Hell, this all sounds like promoting the progress to me. That, or some flavor of patent abuse. Surely it's one of the two...<br /><br /><a href="http://www.techdirt.com/articles/20121011/09581320679/dark-patent-troll-rises-now-40-all-patent-litigation.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121011/09581320679/dark-patent-troll-rises-now-40-all-patent-litigation.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121011/09581320679/dark-patent-troll-rises-now-40-all-patent-litigation.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>leeches</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121011/09581320679</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 6 Sep 2012 08:01:16 PDT</pubDate>
<title>If You Can't Sue The Feds For Spying, Sue Them For Lying About Spying</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120831/03163820227/if-you-cant-sue-feds-spying-sue-them-lying-about-spying.shtml</link>
<guid>http://www.techdirt.com/articles/20120831/03163820227/if-you-cant-sue-feds-spying-sue-them-lying-about-spying.shtml</guid>
<description><![CDATA[ There have been numerous attempts by various parties (including, in a few cases, the EFF) to sue the US government concerning various aspects of its warrantless spying on Americans.  Pretty much all of these cases end up failing, often for reasons that are suspect.  However, it appears that the EFF is going to try again.  As you may recall, back in July, the feds admitted to Senator Wyden that their own analysis discovered that they had <a href="http://www.techdirt.com/articles/20120720/17450619780/feds-wait-until-late-friday-to-admit-that-yeah-they-ignored-4th-amendment.shtml">violated the 4th Amendment</a> on occasion in carrying out surveillance under the FISA Amendments Act.  
<br /><br />
In response to this, the EFF filed Freedom of Information Act requests, asking for documents concerning the situation in which such searches were deemed unreasonable under the 4th Amendment.  The feds more or less ignored the FOIA request.  So the EFF is <a href="https://www.eff.org/press/releases/eff-sues-answers-about-illegal-government-email-and-phone-call-surveillance" target="_blank">suing for violations under the FOIA</a>.  It may not be as sexy as suing about the actual spying, but that path has already been shut down plenty of times.  I'd guess that this approach won't succeed either (though I hope it does!).  But, at the very least, hopefully it can call some attention to the massive secrecy by the feds as Congress gets ready to re-approve the FISA Amendments Act without bothering to understand how it's being used.<br /><br /><a href="http://www.techdirt.com/articles/20120831/03163820227/if-you-cant-sue-feds-spying-sue-them-lying-about-spying.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120831/03163820227/if-you-cant-sue-feds-spying-sue-them-lying-about-spying.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120831/03163820227/if-you-cant-sue-feds-spying-sue-them-lying-about-spying.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>again-and-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120831/03163820227</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 3 Aug 2012 17:42:51 PDT</pubDate>
<title>Warner Bros. Sues A Ton Of Amazon Resellers For Selling 'Counterfeit' DVDs</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml</link>
<guid>http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml</guid>
<description><![CDATA[ The Hollywood Reporter has a story on <a href="http://www.hollywoodreporter.com/thr-esq/warner-bros-files-mass-litigation-amazon-356354?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">Warner Bros. filing a lawsuit against a bunch of individuals who use Amazon's marketplace offering</a> to sell DVDs that Warner Bros. claims are counterfeit.  The <a href="http://dockets.justia.com/docket/california/cacdce/2:2012cv06528/538592/" target="_blank">lawsuit</a> is pretty weak on details so far.  The THR report speculates on whether or not this is about packaging up downloaded or camcorded movies and pretending they're official.  
<br /><br />
However, if you look at the Amazon profile of the named defendant, Todd Beckham, you see that he has <a href="http://www.amazon.com/gp/aag/main?ie=UTF8&#038;isAmazonFulfilled=&#038;marketplaceID=ATVPDKIKX0DER&#038;isCBA=&#038;asin=&#038;seller=A2795NS1BBQ2B7" target="_blank">very good reviews</a>.  Currently, he has a 4.9 star rating with over 2,000 reviews.  If he were selling inferior counterfeit products, you'd think people would complain, because his <a href="http://www.amazon.com/Harry-Potter-Phoenix-Widescreen-Edition/dp/B000W7F5SS/ref=?ie=UTF8&#038;m=A2795NS1BBQ2B7" target="_blank">listings</a> certainly suggest they're new official copies.  So buyers seem to feel they're getting what they thought they bought.  It's possible that he's just a <i>really good counterfeiter</i>, but THR wonders why WB doesn't just use Amazon's existing internal controls to terminate service for users who sell infringing works.
<br /><br />
WB apparently told THR that this isn't a case of going after used product sales (where it would have a tough case, given the first sale doctrine -- and, again, would likely lead to negative reviews, since the offerings don't seem to indicate "used" conditions), but it's unclear how or why the company thinks these DVDs are counterfeit.  Again, given the sparseness of detail, it's entirely possible the targets are creating (apparently high quality) counterfeit flicks and selling them.  But it would be nice to see a bit more evidence that that's the case, and this isn't just a case of being worried about being undercut by the secondary market.  What's a little worrying is that, according to THR, WB is claiming that the sellers are violating its "distribution rights" to the films, not reproduction rights.  That raises at least some questions over whether or not the concern is just competition, or actual unauthorized copies.  At the very least, this will be a case worth following...<br /><br /><a href="http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120801/17020419911/warner-bros-sues-ton-amazon-resellers-selling-counterfeit-dvds.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>counterfeit?-resale?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120801/17020419911</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 2 Aug 2012 03:53:22 PDT</pubDate>
<title>Craigslist Demands 'Exclusive License' On Your Posts</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120801/16040019908/craigslist-demands-exclusive-license-your-posts.shtml</link>
<guid>http://www.techdirt.com/articles/20120801/16040019908/craigslist-demands-exclusive-license-your-posts.shtml</guid>
<description><![CDATA[ When Craigslist <a href="http://www.techdirt.com/articles/20120724/18071219816/disappointing-craigslist-sues-padmapper-making-craigslist-more-useful-valuable.shtml">sued PadMapper and 3taps</a>, we questioned the legal basis for much of the lawsuit, in particular the claim that Craigslist even could sue over copyright, when any copyrightable content is created by the end-users and not Craigslist itself.  It appears that someone at Craigslist realized that it was somewhere very close to the <a href="http://www.techdirt.com/articles/20110614/17302814695/judge-rules-that-righthaven-lawsuit-was-sham-threatens-sanctions.shtml">Righthaven line</a> in claiming a bare right to sue over someone else's work, and made a tweak, demanding "exclusive" rights. 
<br /><br />
 I first saw this <a href="http://slashdot.org/story/12/08/01/1546215/craigslist-demands-exclusivity-for-postings?utm_source=slashdot&#038;utm_medium=twitter" target="_blank">via Slashdot</a> on <a href="http://baligu.blogspot.com/2012/08/i-dont-remember-seeing-this-before-at.html" target="_blank">the Baligu blog</a>, and was trying to go through the legal implications, but thankfully, Tim Lee over at Ars Technica did all the heavy lifting for us in <a href="http://arstechnica.com/tech-policy/2012/08/craigslist-tightens-grip-demanding-exclusive-ownership-of-ads/" target="_blank">speaking to IP lawyers James Grimmelmann and Mark Lyon</a> who are quite skeptical of this move.
<br /><br />
What's odd is that this "change" isn't even to its <a href="http://www.craigslist.org/about/terms.of.use" target="_blank">terms of use</a>, which don't actually claim an exclusive license.  Instead, the company has just added text to the <i>posting page</i> saying that you are granting the company such a right:
<blockquote><i>
Clicking "Continue" confirms that craigslist is the <b>exclusive licensee</b> of this content, with the <b>exclusive right</b> to enforce copyrights against anyone copying, republishing, distributing or preparing derivative works without its consent.
</i></blockquote>
The theory, as Lee notes, is probably that by more forcefully claiming exclusive rights, perhaps it can get over the hump and have the right to actually enforce those copyrights -- but that legal theory is speculative at best.
<br /><br />
It's kind of interesting, because someone could also potentially argue that this statement contradicts the company's own terms of use since they're different but perhaps more interesting are the wider legal questions raised by this -- including what happens if you, the user, post your classified ad to any other site.  Craigslist seems to be claiming that it can go after those other sites (and, um, potentially you, I think...) for reposting "its" work.  That's crazy and something that completely goes against Craigslist's standard "user-friendly" approach to everything.
<br /><br />
Once again, this is showing how Craigslist's pursuit of these kinds of legal issues really seems to go against what made Craigslist so successful, turning the company into much more of a cranky legal bully.  Lots of companies that start out innovative and open, do later change and flip sides on things like this, but Craigslist always seemed like the kind of company that would stay on the right side of the "evil line."  It's too bad to see that it seems to be so aggressively diving over to the copyright bully side of the line.<br /><br /><a href="http://www.techdirt.com/articles/20120801/16040019908/craigslist-demands-exclusive-license-your-posts.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120801/16040019908/craigslist-demands-exclusive-license-your-posts.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120801/16040019908/craigslist-demands-exclusive-license-your-posts.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-luck-with-that...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120801/16040019908</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 31 Jul 2012 07:08:33 PDT</pubDate>
<title>Music Labels Have No Plans To Share Any Money They Get From The Pirate Bay With Artists</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml</link>
<guid>http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml</guid>
<description><![CDATA[ We see this <i>every single time</i> the music labels (usually RIAA or IFPI) "win" a big case against an alleged "pirate" site.  They're awarded a bunch of money... and none of it goes to the artists.  We've heard about it happening with <a href="http://www.techdirt.com/articles/20110512/21363814255/limewire-settles-105-million-how-much-that-will-go-to-artists.shtml">Limewire</a> and <a href="http://www.techdirt.com/articles/20061030/181219.shtml">YouTube</a> (though that was payoff to prevent a lawsuit, rather than the result of a lawsuit).  And, once again, that appears to be happening with The Pirate Bay.  TorrentFreak has the leaked document from the IFPI showing that it plans to <a href="http://torrentfreak.com/pirate-bay-loot-with-artists-120728/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">reinvest whatever it gets... in the IFPI</a> to continue its "anti-piracy efforts," such as going after other sites to get similar settlements for the same reason.
<br /><br />
To be clear, the IFPI notes that it's unlikely to collect much, if any, of the money in this particular case, because (contrary to what it claimed all along), it certainly doesn't appear that TPB made very much money -- and the people sued "have no traceable assets."  However, the ruling was clear that the money being awarded to the labels was "to compensate artists and rightsholders for the losses they suffered.  But that's not how it would be used:
<blockquote><i>
&#8220;There is an agreement that any recovered funds will be paid to IFPI Sweden and IFPI London for use in future anti-piracy activities,&#8221; IFPI writes.
</i></blockquote>
TorrentFreak quotes Peter Sunde, one of the four who was convicted, noting that this is a case where money was directly promised to artists and not delivered.  That seems a hell of a lot more like "theft" than anything that <a href="https://www.techdirt.com/articles/20120709/03210219621/peter-sunde-pirate-bay-spokesperson-details-why-his-conviction-was-farce.shtml">he did</a>:
<blockquote><i>
&#8220;They say that people who download give money to thieves &#8211; but if someone actually ends up paying (in this case: three individuals) then it&#8217;s been paid for. So who&#8217;s the thief when they don&#8217;t give the money to the artists?&#8221;
<br /><br />
According to Sunde the news doesn&#8217;t come as a surprise.
<br /><br />
&#8220;As far as I know, no money ever won in a lawsuit by IFPI or the RIAA has even gone to any actual artist,&#8221; Sunde says.
</i></blockquote>
Indeed.  I am unaware of any of the proceeds from any such lawsuits ever making it back to artists.<br /><br /><a href="http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-how-labels-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120730/18253419886</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 30 Jul 2012 11:09:51 PDT</pubDate>
<title>Yet Again, Netflix Class Action Shows That Class Action Lawsuits Are Mostly About Making Lawyers Rich</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml</link>
<guid>http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml</guid>
<description><![CDATA[ For years, we've been pointing out that our class action lawsuit system is <a href="http://www.techdirt.com/articles/20100324/0358238689.shtml">broken</a>.  It makes sense, in theory, that if a large group of people are wronged, they can team up to right that wrong&mdash;but in practice it has morphed into a system where a bunch of bottom-feeder lawyers sue just about any company at every opportunity... and then those lawyers end up taking the bulk of the money.  The "class" (the people supposedly wronged) rarely get much, if any money at all.  Of course, one of the first stories that clued me into all of this involved a settlement in a class action lawsuit against Netflix way back in 2005, in which the lawyers got $2.5 million... and everyone in the "class" just got their <a href="http://www.techdirt.com/articles/20051102/1020224_F.shtml">accounts upgraded</a> for a month (and if you forgot to manually downgrade after that month was over, you were charged more).  As I noted at the time, this seemed more like a promotional stunt for Netflix <i>and</i> a way for a bunch of lawyers to make a ton of money.
<br /><br />
So it's interesting to see that with yet another class action lawsuit being settled involving Netflix, there are similar concerns.  A whole bunch of folks sent in variations on the fact that Netflix will be <a href="http://www.thewiseguys.com/2012/07/27/netflix-class-action-lawsuit-settlement-screws-members/" target="_blank">paying out $9 million</a> with a grand total of <a href="http://www.videoprivacyclass.com/CommonlyAskedQuestions.aspx" target="_blank">none of it</a> going to the class (unless you happened to be one of the two named plaintiffs -- Jeff Milans and Peter Comstock -- who get to split $30,000).  Most of the money is going to a charity.  But somewhere around $2.25 million is going to the lawyers.
<br /><br />
To be clear, I think the lawsuit itself is a bit silly anyway.  It involves the fact that Netflix retained info on customers who quit.  Big whoop.  But whether or not you agree with the premise of the lawsuit, the end result seems even sillier: those supposedly "harmed" get nothing, but the lawyers walk away with over $2 million?  It's this kind of thing that creates incentives for more such lawsuits driven by law firms in the hopes of cashing in.<br /><br /><a href="http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-stopping-people</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120730/01264019871</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 24 Jul 2012 11:20:50 PDT</pubDate>
<title>Attendee At Batman Shooting Plans To Sue Warner Bros For Making Batman Too Violent</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120724/10573119811/attendee-batman-shooting-plans-to-sue-warner-bros-making-batman-too-violent.shtml</link>
<guid>http://www.techdirt.com/articles/20120724/10573119811/attendee-batman-shooting-plans-to-sue-warner-bros-making-batman-too-violent.shtml</guid>
<description><![CDATA[ We live in a litigious society.  That's not a secret.  So it's no surprise that, in the aftermath of the Aurora, Colorado Batman shootings, lawsuits will be filed.  But as always the question is: who do you sue?  Well, if the linked TMZ article is accurate, Torrence Brown Jr., who was in the theater, but not directly injured (though a friend of his was killed), has lawyered up, hiring an attorney named Donald Karpel <a href="http://www.tmz.com/2012/07/24/james-holmes-lawsuit-shooting/" target="_blank"><b><i>to sue Warner Bros.</i></b> for making the movie too violent</a>.  He's also apparently planning to sue the theater for not properly guarding the emergency exit, which is apparently where Holmes left and re-entered with the weapons.  Oh yeah, and the doctors of shooter James Holmes for not properly monitoring him.  
<br /><br />
This certainly seems like a frivolous lawsuit.  Going after <em>Warner Bros.?</em>  For <em>what?</em>  That's likely to get laughed out of court.  This seems like a clear case of a <a href="http://www.techdirt.com/articles/20100503/0319149274.shtml">"Steve Dallas lawsuit,"</a> named for the <a href="http://www.gocomics.com/bloomcounty/1986/06/22/" target="_blank">famous Bloom County comic strip</a> in which lawyer Steve Dallas gets beat up by Sean Penn after trying to take a photograph of the star.  He then explains why the proper target of a lawsuit is not Sean Penn, but the "Nikolta Camera" company, because "a major corporation with gobs of liquid cash ... was criminally negligent in not putting stickers on their camera which read, 'warning: physical injury may result from photographing psychopathic Hollywood hotheads."  
<center>
<a href="http://www.gocomics.com/bloomcounty/1986/06/22/" target="_blank"><img src="http://i.imgur.com/WWoTf.png" alt="" title="Hosted by imgur.com" /></a>
</center>
In a coincidence that you simply couldn't make up, it turns out that Karpel once represented (no, seriously) a <a href="http://www.tmz.com/2011/04/13/sean-penn-paparazzi-settlement-terms-haiti-charities-attack-legal-court/" target="_blank">paparazzi photographer beat up by Sean Penn</a>.  Life imitates comic strips.<br /><br /><a href="http://www.techdirt.com/articles/20120724/10573119811/attendee-batman-shooting-plans-to-sue-warner-bros-making-batman-too-violent.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120724/10573119811/attendee-batman-shooting-plans-to-sue-warner-bros-making-batman-too-violent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120724/10573119811/attendee-batman-shooting-plans-to-sue-warner-bros-making-batman-too-violent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>um,-really,-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120724/10573119811</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 21 Mar 2012 13:01:13 PDT</pubDate>
<title>MPAA Asks For Megaupload Data To Be Retained So It Can Sue Users... Then Insists It Didn't Really Mean That</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120321/12073218187/mpaa-asks-megaupload-data-to-be-retained-so-it-can-sue-users-then-insists-it-didnt-really-mean-that.shtml</link>
<guid>http://www.techdirt.com/articles/20120321/12073218187/mpaa-asks-megaupload-data-to-be-retained-so-it-can-sue-users-then-insists-it-didnt-really-mean-that.shtml</guid>
<description><![CDATA[ There are days that the actions of the MPAA just make you shake your head and wonder just what goes through the minds of the lawyers running that insane asylum.  The latest is the news that they're <a href="http://www.wired.com/threatlevel/2012/03/mpaa-megaupload-user-litigatio/" target="_blank">considering suing Megaupload users directly</a>, as if their reputation wasn't already mud.  The details actually have to do with the fight over whether or not the data on Megaupload's servers is <a href="http://www.techdirt.com/articles/20120130/07025717587/megaupload-users-plan-to-sue-as-their-files-data-are-about-to-be-destroyed.shtml">going to be deleted</a>.  There was a point, soon after the shutdown, when it was suggested that, due to a lack of anyone able to still pay the bills, the hosting provider that Megaupload used, Carpathia Hosting, would soon wipe the servers clean.  That struck me as odd, because I would have thought that the data on those servers represented evidence in a criminal case -- but for reasons still not clear, the government insists it has no need for the data and that Carpathia is free to delete it.  I won't even begin to speculate over the fact that the person who sent the letter to Carpathia suggesting this also happens to be the BSA's former head anti-piracy VP.  An ex-anti-piracy exec for an industry lobbyist, now running a criminal anti-piracy case, basically telling the data center to delete evidence?  Hmm...
<br /><br />
Others, of course, were concerned about both the evidence that could exonerate Megaupload as well as the legitimate files that were going to be lost -- so there was an effort made to try to have the files retained, and the hosting firm has said (for now) that they won't delete the data, despite the fact it is costing the company <i>$9,000 per day</i> to maintain these servers and the 25 petabytes of data they contain.  But it wants to.
<br /><br />
So here's the surprise. Those fighting to keep the data have an unexpected ally: the MPAA.  Yes, you see the MPAA wants to keep its options open and is <b>considering directly suing users who may have used Megaupload for infringement</b> -- and for that to work, they'd need that data to remain available.  This came out in a filing by Carpathia to the court, in which it notes that there is significant interest in keeping the data around, but it wants out of the burden of paying for all of this and having to retain the data itself.  The filing notes that Megaupload itself wants the data for its defense, the EFF wants to help users get legit files back... and the MPAA wants the data to sue people.  Apparently, unbeknownst to the public until now, the MPAA sent Carpathia a letter arguing in agreement with Megaupload and the EFF that the data shouldn't be destroyed, but only because the MPAA wants to have access to the data in case it decides to go hogwild and completely and permanently destroy its reputation by suing users directly.  From the letter the MPAA sent Carpathia:
<blockquote><i>
Independent of the ongoing criminal proceeding, the Studios have civil claims against the operators of Megaupload, <b>and potentially also against those who have knowingly or materially contributed to the infringement occurring through Megaupload</b>...
<br /><br />
... In light of the potential civil claims by the Studios, we demand that Carpathia preserve all material in its possession, custody, or control, including electronic data and databases, related to Megaupload or its operations.  This would include, but is not limited to, all information identifying or otherwise related to the content files uploaded to, stored on and/or downloaded from Megaupload; all data associated with those content files, the uploading or downloading of those files, <b>and the Megaupload users who uploaded or downloaded those files;</b> all data reflecting or related to payments to third parties (including Carpathia) by the Megaupload operators; all data reflecting or related to payments to the Megaupload operators, <b>including by users</b> and other third parties, all electronic records regarding communications by the individuals involved in Megaupload's operations; and all internal documents and communications regarding Megaupload.
</i></blockquote>
Of course, recognizing just how bad its own lawyers' statements are on the matter, the MPAA has sent in its PR folks to try to clean up the mess.  Almost immediately after David Kravets at Wired published the original article highlighting this, MPAA PR people started calling him insisting that it wasn't true at all.  MPAA PR VP Howard Gantman told Kravets that the MPAA has no intention to sue users, despite the clear language of the letter it sent Carpathia.
<blockquote><i>
&#8220;The reason we did that filing so that there is a possibility that litigation might be pursued against Megaupload or various intermediaries involved in Megaupload&#8217;s operation. We&#8217;re not talking about individual users...&#8221;
</i></blockquote>
That's not what the plain language of the letter itself clearly states -- but never let facts get in the way of a good yarn spun by MPAA PR people desperately trying to make the organization seem not 100% evil.  But, this is how the MPAA thinks: lawyers shoot their mouths off with threats first, and the PR folks are left to do cleanup.  That's what happens when you put the lawyers in charge, without any real knowledge of technology, business or just how ridiculously bad they make themselves look with their extreme positions.  And then they wonder why no one sides with them in debates like the one over SOPA.  Perhaps it's because their position is so <i>crazy</i> that anyone with the slightest bit of common sense would have known to stay miles away.  But that's not how the MPAA rolls.  It goes to crazytown and beyond, and then just denies it was thinking about suing users, despite claiming exactly that.<br /><br /><a href="http://www.techdirt.com/articles/20120321/12073218187/mpaa-asks-megaupload-data-to-be-retained-so-it-can-sue-users-then-insists-it-didnt-really-mean-that.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120321/12073218187/mpaa-asks-megaupload-data-to-be-retained-so-it-can-sue-users-then-insists-it-didnt-really-mean-that.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120321/12073218187/mpaa-asks-megaupload-data-to-be-retained-so-it-can-sue-users-then-insists-it-didnt-really-mean-that.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-not-to-win-fans-or-build-businesses</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120321/12073218187</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 12 Mar 2012 10:38:35 PDT</pubDate>
<title>Sorry Ron Paul, You Don't Get To Abuse Trademark Law To Unveil Anonymous Internet Users</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120309/15211018059/sorry-ron-paul-you-dont-get-to-abuse-trademark-law-to-unveil-anonymous-internet-users.shtml</link>
<guid>http://www.techdirt.com/articles/20120309/15211018059/sorry-ron-paul-you-dont-get-to-abuse-trademark-law-to-unveil-anonymous-internet-users.shtml</guid>
<description><![CDATA[ Back in January, we wrote about the bizarre decision by Ron Paul to file a lawsuit to <a href="http://www.techdirt.com/articles/20120119/01493317470/what-is-ron-paul-thinking-sues-to-unmask-anonymous-internet-users.shtml">unmask</a> some anonymous internet users, who had created a controversial anti-John Huntsman video.  At the end of the video, the anonymous videomakers had endorsed Paul, but some conspiracy-minded folks insisted that they were really working for Huntsman and staging an elaborate ruse to put up a video that looked bad about Huntsman to have that backfire on Ron Paul.  For a variety of reasons that's either improbable or just downright stupid.  But even if we assume the worst case scenario, Ron Paul's lawsuit not only made absolutely no legal sense, but it also seemed to go against nearly everything he believed in concerning internet freedom and the overreaching power of the government.
<br /><br />
Either way, a judge has <a href="http://pubcit.typepad.com/clpblog/2012/03/court-denies-request-by-consistent-constitutionalist-ron-paul-to-identify-anonymous-political-videog.html" target="_blank">rejected Paul's attempt to unmask the videomakers</a> on the narrow grounds that he failed to state a legitimate claim, since the video was not commercial in nature (necessary for a trademark violation).  The judge did not go so far as to get into the First Amendment issues, but made clear that if Paul comes back with an amended suit with an actual claim, then the First Amendment considerations will be covered.  Kudos to Paul Levy at Public Citizen for filing a pair of amicus briefs in the case to make sure the judge was aware of what was happening -- and hitting back at Paul's camp for its initial filing that <i>completely ignored</i> the relevant law and legal standards for unmasking anonymous internet users.
<br /><br />
There are a number of especially troubling items in terms of how Paul and his camp went about this.  First, just trying to unmask anonymous internet speech seems extremely problematic.  Second, however, is the way in which he tried to twist trademark law to do so.  As Eric Goldman explains, Paul's attempts to route around the clear requirements of trademark law <a href="http://blog.ericgoldman.org/archives/2012/03/fake_political.htm" target="_blank">were especially mockable</a>:
<blockquote><i>
To try to salvage the situation, Paul tries two mockable arguments. First, he argues that YouTube and Twitter are commercial sites, and that gives the dispute enough commerciality. The court rightly points out that the inquiry is about the defendant's conduct, not the websites where it took place, and notes the argument's illogic would mean non-commercial activity on any commercial website would be governed by the Lanham Act. In a footnote, the court adds that "using another company&#8217;s commercial website to post a comment or video is just far 'too attenuated' to result in an individual&#8217;s own conduct automatically meeting the Lanham Act&#8217;s commercial use requirement."
<br /><br />
Second, Paul argues that "the video was intended to frustrate Plaintiff&#8217;s fundraising efforts and increase the amount of money contributed to Presidential nominees other than Ron Paul." The court says the Lanham Act is predicated on the defendant trying to improve its competitive status, and these defendants had no competing services; and the video on its face didn't try to solicit any donations.
</i></blockquote>
Anonymous speech is protected under the First Amendment, and abusing trademark law to try to unmask anonymous speakers, whose speech was not commercial, is clearly an abuse of the law to try to "out" people online.  As some have noted, it appeared to <a href="http://paulalanlevy.blogspot.com/2012/02/is-ron-paul-libertarian-version-of.html" target="_blank">go against Ron Paul's own key principles</a> -- and whether you agree with him or not, Paul certainly has the reputation for standing up for his principles.  Yet here, suddenly, all of that went out the window:
<blockquote><i>
What continues to amaze me, though, is how Paul is getting a free pass for this assault on free speech.  Mitt Romney and Rick Santorum haven't filed lawsuits over identical videos that use their names in attacking Huntsman; why is Ron Paul the only candidate who filed such a suit? Indeed, so far as I have been able to discover, he is the only serious candidate for President in the past few decades who has ever filed a libel suit, and there are certainly Presidential candidates who have suffered far worse attacks.  (I am not thinking of candidates who sued longer ago, but fifty years takes us back to the beginning of First Amendment protection against libel litigation brought by public figures).  Why aren't the reporters who follow him around on the campaign trail not asking him how he can justify his use of litigation to oppress his critics and how it is consistent with the principles of liberty for which he claims to stand?  How is this consistent with his First-Amendment based assault on campaign finance regulation such as McCain-Feingold?  Does he just want to substitute the courts and privately financed litigation for the FEC?
</i></blockquote>
Also surprising to me, is that even Paul's very vocal online supporters seem to refuse to recognize the issue here.  I was amazed on our original post how many commenters came to Paul's defense here because they think that the videos were designed to make Paul look bad, and therefore the people "must" be revealed.  That's not how the law works and that's not standing up for the basic principles of free speech, internet freedom and liberty that they supposedly stand for.
<br /><br />
The sign of a truly principled person is when you're willing to retain those principles in the face of a situation where standing firm hurts you.  Instead, Ron Paul folded and suddenly relied on big federal government regulations and abuse of the law to try to take away individuals' free speech rights.<br /><br /><a href="http://www.techdirt.com/articles/20120309/15211018059/sorry-ron-paul-you-dont-get-to-abuse-trademark-law-to-unveil-anonymous-internet-users.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120309/15211018059/sorry-ron-paul-you-dont-get-to-abuse-trademark-law-to-unveil-anonymous-internet-users.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120309/15211018059/sorry-ron-paul-you-dont-get-to-abuse-trademark-law-to-unveil-anonymous-internet-users.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-very-unlibertarian-of-you</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120309/15211018059</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 21 Feb 2012 09:36:59 PST</pubDate>
<title>Kenny Rogers' Lawsuit Shows The Many Ways That A Major Label Screws Artists (Even The Big Ones)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120220/04491417812/kenny-rogers-lawsuit-shows-many-ways-that-major-label-screws-artists-even-big-ones.shtml</link>
<guid>http://www.techdirt.com/articles/20120220/04491417812/kenny-rogers-lawsuit-shows-many-ways-that-major-label-screws-artists-even-big-ones.shtml</guid>
<description><![CDATA[ We've seen this many times before, where famous musicians are totally screwed over by the major labels.  A bunch of folks have sent over a <a href="http://www.digitalmusicnews.com/permalink/2012/120219rogers#gq8-RMnkiSdOV0EsATdQrQ" target="_blank">summary of Kenny Rogers' lawsuit against Capitol Records (EMI)</a>, which highlights the levels to which Capitol Records went to not pay Rogers.  The central facet of the lawsuit is similar to that of lawsuits that a number of <a href="http://www.techdirt.com/articles/20110404/12211913771/record-labels-may-owe-artists-close-to-2-billion-lawsuits-ramp-up-with-rick-james-lead.shtml">artists</a> have been filing, concerning whether or not iTunes transactions are sales or licenses -- for which massively different royalty rates apply.
<br /><br />
However, there's plenty of other crazy things in the lawsuit, most of which involve an "audit" that Rogers requested from Capitol in April 2007... and which took until March 2009 to complete.  Yes, it took two years.  For a basic audit just to make sure he was getting the money he was owed.  Oh, and the audit showed that he was <i>not</i> getting the money owed.  From there, things got <i>worse</i>... with all sorts of stalling and foot dragging, finally resulting in the lawsuit.  That stalling included repeated promises to resolve the problems and pay up.  Rogers was told at times that the company was "still ironing out a few things," and then later found out that the people he'd been negotiating with were no longer at the company -- replaced by a lawyer who just told Rogers that he would be happy to work with Rogers to "promptly try to resolve the Rogers audit" -- nearly two years after the audit was completed and four years after it was requested.
<br /><br />
Among the problems in the audit are a bunch of unprocessed royalties that were put into a "suspense" file for no reason.  These kept $76,956 from Rogers.  There were also actions in foreign territories where Capitol appears to have ignored the royalties it's supposed to pay Rogers.  There were also things as simple as just not reporting royalties on money from record club sales.  The company is also accused of playing some tax games to double count taxes to avoid paying royalties.  There's also the fact that Capitol charged Rogers the full amount for a video production to his own expenses (i.e., money they'd "recoup" out of his portion of royalties), but they ignored their own contractual agreement that only 50% could be expensed that way.
<br /><br />
Then there's the fact that Rogers wants his cut from the money Capitol has received in various lawsuits -- those against Napster, Kazaa, AudioGalaxy, Grokster, BearShare and others.  As we've noted in the past, the labels have bent over backwards to avoid paying out such money to the actual artists -- but Rogers wants his piece:
<blockquote><i>
Such lawsuits have resulted in Capitol Records receiving monies from entities such as Napster, Kazaa, Audiogalaxy, Grokster, BearShare, and others. Capitol Records has refused to provide Kenny Rogers with an accounting regarding the amounts actually received. A portion of the monies received by Capitol Records is attributable to the Masters and Kenny Rogers is entitled to that portion of Capitol Records&#8223; receipts. Capitol Records&#8223; refusal to account to and pay that money to Kenny Rogers has resulted in Kenny Rogers suffering direct financial harm in an amount that cannot be determined until Capitol Records provides a full, fair, and accurate accounting.
</i></blockquote>
There are a few other charges as well, but those are the big ones.  None of this, of course, is to say that it's "ok" to infringe because the major labels are somehow "bad."  But it does show just how ridiculous it is if anyone assumes the majors represent the best interests of artists in any way.<br /><br /><a href="http://www.techdirt.com/articles/20120220/04491417812/kenny-rogers-lawsuit-shows-many-ways-that-major-label-screws-artists-even-big-ones.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120220/04491417812/kenny-rogers-lawsuit-shows-many-ways-that-major-label-screws-artists-even-big-ones.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120220/04491417812/kenny-rogers-lawsuit-shows-many-ways-that-major-label-screws-artists-even-big-ones.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>here-we-go-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120220/04491417812</wfw:commentRss>
</item>
</channel>
</rss>