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<title>Techdirt. Stories filed under &quot;threats&quot;</title>
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<pubDate>Tue, 21 May 2013 10:05:49 PDT</pubDate>
<title>Kitchen Nightmares Lawyers Threaten Infamous Samy And Amy If They Talk About Their Experience On The Show</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml</link>
<guid>http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml</guid>
<description><![CDATA[ Last week we wrote about the <a href="http://www.techdirt.com/articles/20130515/07262023094/restaurant-facebook-goes-nuclear-facebook-over-reviews-gordon-ramsay-owner-cry-hack.shtml">crazy mess</a> that followed the recent episode of the show <i>Kitchen Nightmares</i> on Fox, in which the star of the show, Gordon Ramsay, actually walked away from Amy's Baking Company, after the owners, Samy and Amy Bouzaglo, didn't take well to any criticism.  After the episode aired, they were further mocked on Yelp and Reddit (Yelp "haters" were a key part of the episode), and there was an explosion of anger on the restaurant's Facebook page, though the couple insists they were hacked.
<br /><br />
Following all of this, however, the restaurant announced that it was doing a grand "re-opening" today, which involved a planned press conference and a <a href="http://consumerist.com/2013/05/20/amys-baking-company-needs-to-hire-30-people-held-weekend-job-fair/" target="_blank">"job fair"</a> to try to hire 30 new workers.  As the show noted, the Bouzaglos apparently have difficulty keeping staff employed for very long.  However, the "press conference" has been <a href="http://www.abc15.com/dpp/news/region_northeast_valley/scottsdale/amys-baking-company-cancels-press-conference-re-opening-still-a-go" target="_blank">cancelled</a>.  The couple claims it had to do with <a href="http://radaronline.com/exclusives/2013/05/amys-baking-company-death-threats-press-conference-canceled/" target="_blank">death threats</a> they received, though it might have more to do with a very different kind of threat: <a href="http://radaronline.com/exclusives/2013/05/kitchen-nightmares-lawyers-threaten-restaurant-owners-amys-baking-company/" target="_blank">a legal threat from the producers of the show</a>, as reported by RadarOnline.
<br /><br />
Lawyers representing the producers of Kitchen Nightmares, Upper Ground Enterprises, sent the couple a letter warning them that talking about the show would be a breach of contract:
<blockquote><i>
We understand that you are planning a public event on May 21, 2013, at which you will discuss your experiences and your "unflattering portrayals" on the show.  If you speak about the show without Upper Ground's and Fox's prior approval, and if you disparage the show, its host, or its producers, you will breach your obligations under Paragraph 10 of your Personal Release and Paragraph 14 of your Participant Agreement.  These agreements prohibit you from speaking publicly about <b>Kitchen Nighmares</b>, other than to acknowledge "the mere fact of your participation in the Series in personal publicity relating to yourself."  Your conduct exposes each of you to liability for liquidated damages of $100,000.
</i></blockquote>
Hmm.  While this is a reminder to be careful about what sorts of gag clauses you sign before you do anything, it still seems like a highly questionable move by the producers.  The more they seek to silence the couple, the more it suggests that perhaps the portrayal wasn't entirely fair.  Meanwhile, the more the couple is allowed to stay in the news, the better one would think it would be for the TV show.  The couple's actions and statements on the episode were absolutely ridiculous and clearly showed a restaurant/ownership not worth patronizing.  Since then, the couple's <a href="http://consumerist.com/2013/05/20/owners-of-amys-baking-company-say-yelpers-are-endangering-their-lives/" target="_blank">confirmed statements</a> (even ignoring the Facebook comments, whether or not you believe they were the result of hackers) concerning Yelp have only served to confirm that the couple can't take any criticism and seem to think that bad reviews of bad food are the world out to get them.
<br /><br />
The decision to call out the gag order in the contract to silence them seems ridiculous by Fox.  Even if the couple trashed the show (as expected), does anyone think that the couple has even the slightest credibility at this point?  No one believes them.  Pulling out the gag order makes the show look like it has something to hide.<br /><br /><a href="http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hmmm</slash:department>
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<pubDate>Fri, 17 May 2013 12:32:00 PDT</pubDate>
<title>Indian Publishing Firm Can't Take A Little Criticism, Threatens Blogger With $1 Billion Lawsuit, Criminal Charges</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130517/10535223120/indian-publishing-firm-cant-take-little-criticism-threatens-blogger-with-1-billion-lawsuit-criminal-charges.shtml</link>
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<description><![CDATA[ Here's a fun one via Popehat.  Apparently an Indian publishing firm by the name of OMICS can't take some criticism from a blogger.  The blogger, Jeffrey Beall, who is based in the US, has a blog called <a href="http://scholarlyoa.com/" target="_blank">Scholarly Open Access</a> (he's also a librarian at the University of Colorado, Denver) in which he reviews and critiques various open access programs.  As <a href="http://www.techdirt.com/blog/?tag=open+access">we've discussed</a>, open access is really important for the sharing of knowledge -- but <a href="http://www.techdirt.com/articles/20130210/14302221939/how-peerj-is-changing-everything-academic-publishing.shtml">not all</a> open access programs are created equal.  In fact, there are serious complaints about many of them.  Beall had some choice words for some of OMICS practices, which he <a href="http://scholarlyoa.com/?s=OMICS" target="_blank">claimed</a> involved spamming and bait-and-switch.  For what it's worth, Beall is hardly the only one to question OMICS' tactics.  The Chronicle of Higher Education <a href="http://chronicle.com/article/Predatory-Online-Journals/131047/" target="_blank">discussed OMICS</a> in an article about "predatory" open access journals.  As The Chronicle <a href="http://chronicle.com/article/Publisher-Threatens-to-Sue/139243/" target="_blank">explains</a>:
<blockquote><i>
In 2012, The Chronicle found that the group was listing 200 journals, but only about 60 percent had actually published anything.
</i></blockquote>
OMICS' response to Beall is almost too incredible to be believed, but it <a href="http://www.popehat.com/2013/05/15/omics-publishing-group-makes-a-billion-dollar-threat/" target="_blank">threatened to sue Beall for <b>$1 billion</b> and seek criminal penalties as well</a>.  Yes, billion with a b -- so insert your Dr. Evil jokes here.  Oh, if you're asking  under what law?
<blockquote><i>
In India, Section 66A of the Information Technology Act makes it illegal to use a computer to publish "any information that is grossly offensive or has menacing character" or to publish false information.  The punishment can be as much as three years in prison.
</i></blockquote>
As Ken White points out, the <a href="http://www.techdirt.com/articles/20100811/00361310577.shtml">SPEECH Act</a> clearly protects Beall from any ruling in India.  We've been <a href="http://www.techdirt.com/articles/20100825/02002110771.shtml">waiting</a> for the first attempt to see that law used to protect someone from some insane foreign claim.  If you don't recall, the SPEECH Act says that the US will not recognize foreign civil rulings over speech that would violate US law, such as the First Amendment.
<br /><br />
Similarly, criminal charges would be meaningless, because any attempt at extradition to India would require dual criminality -- such that the acts would be criminal in both countries.  That's clearly not true here (and it's debatable if they're actually criminal in <i>either</i> country).
<br /><br />
Amazingly, when asked about this whole thing by The Chronicle of Higher Education, the lawyer representing OMICS, Ashok Ram Kumar, a lawyer with the firm IP Markets, appeared to double down on the threats and insist that he was "very serious" (TM), though various lawyers are a bit more skeptical of that.
<blockquote><i>
"What he has written is something highly inappropriate," Mr. Kumar said. "He should not have done something like this. He has committed a criminal offense."
<br /><br />
While Mr. Kumar said he and his client are "very serious" about the $1-billion amount, Jonathan Bloom, a lawyer with Weil, Gotshal &#038; Manges, in New York, said it seemed more like a publicity stunt. "Sometimes people just want to puff their chests, indicate their reputation, and try to intimidate people that criticize them," Mr. Bloom said.
</i></blockquote>
One thing that is clear, however, is that any company that would send out such a ridiculous threat over a blog criticism isn't a company worth trusting.  Whether or not they spam and engage in bait and switch or other predatory practices, we do know with certainty that they send out insane legal threats.  That's enough information necessary to decide that OMICS is not a company worth supporting.<br /><br /><a href="http://www.techdirt.com/articles/20130517/10535223120/indian-publishing-firm-cant-take-little-criticism-threatens-blogger-with-1-billion-lawsuit-criminal-charges.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130517/10535223120/indian-publishing-firm-cant-take-little-criticism-threatens-blogger-with-1-billion-lawsuit-criminal-charges.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130517/10535223120/indian-publishing-firm-cant-take-little-criticism-threatens-blogger-with-1-billion-lawsuit-criminal-charges.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-not-to-make-a-threat</slash:department>
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<pubDate>Fri, 17 May 2013 10:32:43 PDT</pubDate>
<title>Bogus Lawsuit Plus Threats To Those Who Write About It Leads To Epic Response</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130517/02413623115/bogus-lawsuit-plus-threats-to-those-who-write-about-it-leads-to-epic-response.shtml</link>
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<description><![CDATA[ Reader Jason sent over a blog post that sent me down a bit of a rabbit hole, following the story through a variety of twists and turns.  The key player in the story is Jonathan Monsarrat, who among other things founded the video game company Turbine (Asheron's Call, Lord of the Rings Online, Dungeons & Dragons Online, etc.).  In early 2010, Monsarrat <a href="http://www.boston.com/yourtown/news/somerville/2010/02/somerville_artist_arrested_for.html" target="_blank">was arrested</a> concerning events at a party in Massachusetts.  The charges against him were later dismissed.  However, there were various blog discussions among local bloggers and commenters.  Not long ago, approximately three years after all of this happened, Monsarrat <a href="https://www.documentcloud.org/documents/701550-monsarrat-complaint-0.html" target="_blank">sued two named defendants</a> and 100 "John Does" in a Massachusetts (not federal) court on a variety of charges, centering around defamation, but also including <i>copyright infringement</i>, commercial disparagement, deceptive trade practices and conspiracy.  He's asking for an astounding $5.5 million.
<br /><br />
Reading through that complaint first, before digging deeply into a variety of other sources, there were some immediate oddities.  Many of the "defamatory" statements didn't seem to have anything that could possibly be defamatory in them.  Some of them possibly reached the level of defamation, but at worst they read like typical silly hyperbole among internet commenters.  Hardly worth worrying about.  But other stuff seemed even odder.  A copyright claim not in federal court?  And for what sounded like adding context/imagery to a news article?  Hmmm.  That doesn't sound right.  State copyright claims are pre-empted by federal copyright law (and, no, this isn't one of those <i>possible</i> exceptions involving pre-1972 recordings).  Commercial disparagement?  Over some blog comments?  There were a lot of alarm bells, signalling something that required a lot deeper look.
<br /><br />
Then, I came across the actual news reports of his arrest -- both the Boston Globe one linked above and the <a href="http://www.wickedlocal.com/somerville/news/x1878079036/Somerville-Police-bust-underage-drinking-party-on-Summer-Street" target="_blank">Wicked Local</a> story.  Both seem to be pretty clear that they're reporting based directly off of a police report -- and state things from that police report that Monsarrat is now claiming are entirely untrue and defamatory.  But... for those who repeated them on the blog, even if they did turn out to be untrue, they'd have an incredibly strong <a href="http://www.dmlp.org/legal-guide/fair-report-privilege" target="_blank">fair report privilege</a> claim.  For example, the lawsuit suggests that Monsarrat was just a guest at the house and knew little of the party before it happened.  From his filing:
<blockquote><i>
The party leading to Plaintiff's arrest was hosted by another third party, "Trano", and not by Plaintiff.
<br /><br />
This other third party, Trano, provided music entertainment, bouncers and beer at this party, which Plaintiff knew nothing about until the immediate time leading up to the commencement of the party.
</i></blockquote>
The non-use of Trano's full name is also an interesting choice.  Anyway, according to the Boston Globe coverage of the incident:
<blockquote><i>
Upon arriving at the scene, police found broken beer bottles near the door of the first floor of the apartment and 25-30 teenagers inside. Many were attempting to conceal bottles of beer and other alcoholic beverages, the police report states. Open bottles of alcohol were found in the kitchen area as well as a small amount of marijuana.
<br /><br />
<b>Monsarrat identified himself as the host of the party, but denied that any alcohol was being served, the report states.</b> When asked by an officer to inform his guests that the party was ending, Monsarrat became &#8220;argumentative&#8221; and refused to follow instructions, police said. Officers asked for identification from several partygoers who responded, &#8220;We're in high school, we don't have ID."
</i></blockquote>
Then the story gets even odder.  In researching it, up popped a <a href="http://www.1888pressrelease.com/johnny-monsarrat/jonathan-monsarrat/jon-monsarrat-160-million-dotcom-icon-to-expose-100-cyber-pr-470259.html" target="_blank">press release from Monsarrat himself about the lawsuit</a>, in which he refers to himself as a "dotcom era icon and Internet expert."  Also, there's this:
<blockquote><i>
 Jon Monsarrat announced this week that as part of an Internet defamation case, he will expose the real identities and addresses of 100 cyber bullies <b>as part of his new cyber investigation service</b>.
</i></blockquote>
Oh, wait a second...
<blockquote><i>
Earlier in 2013 he created a cyber-investigation service, which cracks the real identities of cyber bullies who post defamatory material online. The release of names and identities is part of this new service, for one of Monsarrat's client with an ongoing legal case against cyber bullies. His company is working in partnership with Defend My Name, perhaps the most technically advanced of the top anti-defamation services, and Ishman Law Firm, which has expertise in defending victims from cyber-attack.
<br /><br />
Jon Monsarrat said, "Cyber bullies harass and spread lies about their victims using the power of the Internet, which leads to thousands of suicides a year. The police and courts are not always up to the challenge of fighting back. Now I'm bringing two patented technologies to bear to help people in need." Monsarrat was referring to his two patents in collecting and analyzing data from public websites.
</i></blockquote>
This might present a possible reason that it took about three years after the original blog posts to file a lawsuit (by the way, statute of limitations on defamation in Massachusetts: three years).
<br /><br />
And <i>then</i>, a bunch of LiveJournal users -- including some who claimed they never commented on the original blog post -- began <a href="http://davis-square.livejournal.com/3178264.html">receiving letters</a> saying that they're being added to the lawsuit.  Apparently, those letters have some bogus boilerplate in them claiming copyright on the letter and stating "I prohibit anyone from publishing or disclosing it in whole or in part, on the internet or any other venue or any other means, without first obtaining my written consent."  That, of course, is bullshit.  It is not how copyright works, especially on a legal threat letter.  At least one blogger has written that <a href="http://www.universalhub.com/2013/online-moderator-fires-back-lawsuit-over-discussio" target="_blank">Monsarrat threatened to include him in the lawsuit</a> for merely <i>writing about the lawsuit</i> and for the comments others had left on that blog.  Of course, there is no legitimate claim against writing about the lawsuit, and the blogger is protected from liability from the comments under Section 230 of the CDA.
<br /><br />
Then, and only then, did I finally get to reading the <a href="https://www.documentcloud.org/documents/701553-141666157-re-jon-monsarrat-v-filcman-newman-and.html" target="_blank">epic response letter from the lawyer representing Ron Newman</a>, one of the two named defendants in the lawsuit.  The lawyer is Dan Booth of Booth Sweet LLC, a law firm you may recognize from its awesome job fighting back against numerous Prenda Law cases.  I cannot do justice to the entire 18 page letter, so I suggest you read it in its entirety, but I will give you a few highlights.  I will note that this is not a legal document filed with the court in response to the lawsuit, but rather a letter to Monsarrat's lawyer, Mark Ishman, of the Ishman Law Firm, which Monsarrat's press release names as a "partner" in this new "expose-the-cyber-bully" business.
<br /><br />
The letter picks apart the case piece by piece in devastating fashion, noting repeatedly that the claims made in the lawsuit are so far removed from reasonable that if Ishman and Monsarrat do not drop the lawsuit, Booth and Newman will seek sanctions for bringing bad faith claims.  He then goes on to lay out, in excruciating detail, what their arguments would be in court, repeatedly asking Ishman if he's ever actually read the statutes he's relying on.  He notes the articles based on police reports as just a starting point.  He then points specifically to the few quotes that were actually Newman's, showing how the complaint appears to take them entirely out of context and misrepresent what they were saying, and there is simply no way they were even remotely defamatory.  Some of them are ridiculous when put back into context -- including using a comment about how Newman and some other admins had agreed to close the original thread to more comments, and saying <b>that</b> was defamatory.  It also, of course, references CDA 230 to point out that Newman clearly is not liable for anyone else's comments.
<br /><br />
Those are the basics.  Then it goes even deeper.  I'll let Dan Booth handle this part:
<blockquote><i>
The second claim for relief is supposed to be under Chapter 93A of the Massachusetts General Laws. Have you ever actually read that statute? I'm not sure you made it all the way through to Section 9(3), which requires that a demand letter complying with certain statutory requirements must be mailed to a defendant at least 30 days before filing suit under Chapter 93A. "[T]he thirty-day requirement, as part of the requirement of a written demand for relief, is a prerequisite to suit, to be alleged and proved." York v. Sullivan, 369 Mass. 157, 163 (1975). Perhaps you jumped the gun a bit here? You filed suit on February 4, so you would have needed to send a demand letter before January 5, 2013 to satisfy the statute. Mr. Newman received no such letter. As far as I can tell, you didn't even comply with the spirit of the 30-day requirement -- you made no attempt to settle the dispute amicably before filing suit, or before filing the amended complaint, or before having it (and its telephone-book sized pile of exhibits) served on Mr. Newman. 
</i></blockquote>
How about the commercial disparagement stuff?  Yeah, under the law, such statements need to be made by a competitor, which Newman clearly isn't.  Oh, and Booth notes he didn't actually disparage any products or services, as required by the law.  And then we move on to the copyright claim.  We already noted the oddity of trying to shove a copyright claim into a state (okay Massachusettians: commonwealth) court, and Booth highlights some more problems:
<blockquote><i>
Attorney Ishman, I see on your website that you hold yourself forth publicly as a copyright lawyer. I am too. I commend you for that, and for any work you do to legitimately support and protect creators. I like copyright law a lot; I just hate to see it abused. So I wonder whether you may have gotten a bit ahead of yourself with this cause of action.
<br /><br />
Claims of common-law copyright are preempted by the Copyright Act, 17 U.S.C. &sect; 101 et seq. Have you read that statute? Since the 1976 Copyright Act became effective, Section 301 has explained that copyright claims are "governed exclusively" by the Act, and that "no person is entitled to any such [copyright] or equivalent right in any such work [within the subject matter of copyright] under the common law or statutes of any State." 17 U.S.C. &sect; 301(a).
<br /><br />
In other words, common-law copyright claims are a relic. "Under the Copyright Act of 1976 ... common law copyright is abolished." Burke v. NBC, Inc., 598 F.2d 688, 691 n.2 (1st Cir. 1979). There have been no reported cases in Massachusetts state courts since the 1976 Act in which a common-law copyright was found valid. But there have been several that say things like, "These common law claims ... have clearly been preempted by the 1976 Copyright Act." Sicari v. Raccula, 2 Mass. L. Rep. 109 (Mass. Super. Ct. May 8, 1994). To the extent such claims exist, they're generally limited to media where, due to quirks of the Act's history, no statutory right ever existed, such as extemporaneous speeches or pre-1972 sound recordings. But the copyright claim in this case concerns a photograph, and those have been covered by the Copyright Act since Oscar Wilde was a young man. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884). Your assertion that Mr. Monsarrat's images are "subject to common-law copyright protection under the laws of the state of Massachusetts" (Complaint &para; 102) is wrong as a matter of black-letter law.
</i></blockquote>
Booth even goes through a "sake of argument" explanation for how, even if common-law copyright could apply to a photograph (which, as noted, it cannot), via Monsarrat's own actions, that photograph would be in the public domain under the specifics of the prevailing copyright law.
<br /><br />
Booth <i>then</i> goes on to point out when you look at Newman's <i>actual</i> comments, he actually was quite even handed when the story broke, noting things like, "To my knowledge he hasn't been found guilty of any crime in a court of law."  And he invited Monsarrat to present his side of the story.  And yet, Monsarrat tries to paint Newman's activity as "extreme and outrageous" for the sake of "intentional infliction of emotional distress."
<br /><br />
And then, Booth goes on to point out that the record suggests the version of the story that Monsarrat presents in his filing is less than accurate:
<blockquote><i>
Those assertions are directly contradicted by the record. Set aside the fact that Mr. Monsarrat was at the party and that he was arrested at the party. Set aside the fact that both the police report and the Somerville Journal article stated plainly that Mr. Monsarrat had "identified himself as the host of the party." Set aside the fact that the police report indicates that Mr. Monsarrat denied, to the arresting officer, that there was any alcohol at the party, despite the officer's firsthand observations. Mr. Monsarrat publicly announced his role in the party online, before his arrest. As Mr. Newman pointed out at the time, Mr. Monsarrat had posted an open invitation on his Wheel Questions blog, announcing that he was holding the party, two days before it happened. Complaint Exhibit 4 p. 69 ("I'm holding a party Friday in the Boston area. RSVP to johnny@wheelquestions.org and say a little about yourself for the location.") (quoting Mr. Monsarrat). If Mr. Monsarrat wants to clear his name by suggesting that he was a mere innocent bystander at the party, he cannot hope to succeed in rewriting the public record. His own words will be admissible as non-hearsay, to prove the truth of his statements identifying himself as the host, and to disprove statements to the contrary in the complaint. See Commonwealth v. DiMonte, 427 Mass. 233, 243 (1998) ("A party's admission is excluded by definition from the hearsay rule.") (citing Proposed Mass. R. Evid. 801(d)(2)); see also Flood v. Southland Corp,. 33 Mass. App. Ct. 287, 294-95 (1992).
</i></blockquote>
And we're not done yet.  He points out that many of the comments included in the claim are way outside the statute of limitations, and Massachusetts has a well established single publication rule, meaning that the date when the content is published is when the clock starts ticking on the statute of limitations.  The fact that the content remains online is meaningless.  Booth also points out the ridiculousness of the $5 million dollar demand.
<blockquote><i>
The complaint seeks punitive damages in an amount to exceed $5,000,000. That is outrageous on its face, and wholly unsustainable under controlling law. Massachusetts has not allowed such damages since 1974. "In a case of defamation the plaintiff's recovery is limited to actual damages, which are compensatory for the wrong done by the defendant. ... Punitive damages are never allowed ... even after proof of actual malice." Stone v. Essex County Newspapers, Inc., 365 Mass. 246 (1974) (citations omitted). The Supreme Judicial Court of Massachusetts reaffirmed that position the following year: "We reject the allowance of punitive damages in this Commonwealth in any defamation action, on any state of proof, whether based in negligence, or reckless or wilful conduct. We so hold in recognition that the possibility of excessive and unbridled jury verdicts, grounded on punitive assessments, may impermissibly chill the exercise of First Amendment rights by promoting apprehensive self-censorship." Stone v. Essex County Newspapers, Inc., 367 Mass. 849, 860 (1975).
</i></blockquote>
As for the letters that various LiveJournal users are receiving:
<blockquote><i>
It is my understanding that Mr. Monsarrat has busied himself, since the filing of the amended complaint, by reaching out to people he believes responsible for these three-year old discussions, sending them wildly improper threatening letters and/or directly confronting in person. In at least one of those letters, he states, "The purpose of this correspondence to is [sic] notify you that I am suing LiveJournal forum moderator Ron Newman for $5,500,000 for defamation, and that you are named as a Doe Defendant in this lawsuit..." These actions are deeply dismaying. Mr. Monsarrat is tarnishing Mr. Newman's name in scattershot fashion, to many people who may have had no relation to the postings at issue. He may not harass people in the Somerville community by seeking to intimidate them into removing their legitimate free speech comments.
</i></blockquote>
Booth also points out that in intimidating various LiveJournal users into possibly removing their comments, there may be further issues with regard to encouraging the destruction of key pieces of evidence:
<blockquote><i>
When Mr. Monsarrat succeeds in this intimidation, he helps to destroy the record that would be at issue if the litigation were to proceed. If this pattern of behavior continues, he may be subjecting himself to sanctions for suborning spoliation. Thanks to poor formatting, many of the Complaint's Exhibits reproduce discussion threads in piecemeal fashion, omitting much or all of the text of longer comments. See, for just one example, Complaint Exhibit 4 pp. 31-42. These fragmentary Exhibits leave the original online discussions as the only reliable source of material evidence. Any deletion of those comments, as Mr. Monsarrat demands, makes them invisible to subsequent viewers, depriving defendants of the context-specific defenses that a defamation claim requires. "'The destruction of relevant evidence ... has a pernicious effect on the truthfinding function of our courts.' ... The doctrine of spoliation permits the imposition of sanctions or remedies where a litigant or its expert negligently or intentionally loses or destroys evidence that the litigant (or expert) knows or reasonably should know might be relevant to a possible action, even when the spoliation occurs before an action has been commenced." Scott v. Garfield, 454 Mass. 790, 797 (2009) (quoting Fletcher v. Dorchester Mut. Ins. Co., 437 Mass. 544, 553 (2002)).
</i></blockquote>
Booth also notes the same press release I saw, and raises some questions about it:
<blockquote><i>
It appears this action has been filed with an ulterior purpose: not as a good faith means to redress any legitimate grievances, but as a case study to be used in marketing one of Mr. Monsarrat's business ventures. That would be more than improper enough, but worse, the entire purpose of "cyber investigation service" seems to be to empower litigants to make endruns around the discovery process, as Mr. Monsarrat has done.
</i></blockquote>
And, also, the oddity of the fact that Ishman appears to be both a lawyer for Monsarrat <i>and</i> a business partner:
<blockquote><i>
This partnership, in the place of a putative client and attorney relationship, is more than irregular. It may subject Attorney Ishman and his law firm to the same liability as Mr. Monsarrat, based on their involvement in a larger scheme. See Kurker v. Hill, 44 Mass. App. Ct. 184, 192 & n. 8 (1998). "[A] civil action is wrongful if its initiator does not have probable cause to believe the suit will succeed, and is acting primarily for a purpose other than that of properly adjudicating his claims." G.S. Enterprises, Inc. v. Falmouth Marine, Inc., 410 Mass. 262, 273 (1991). It appears that Mr. Monsarrat has dragged Mr. Newman into court, and badgered an untold number of others, to make a name for his "cyber investigation service." This ulterior purpose, combined with the paucity of the complaint's factual allegations and legal claims, strongly suggest that the action has been undertaken without good faith. These improprieties would support counterclaims of abuse of process, see generally Millennium Equity Holdings, LLC v. Mahlowitz, 456 Mass. 627, 636 (2010), and under Chapter 93A, see Northeast Data Sys., Inc. v. McDonnell Douglas Computer Sys. Co., 986 F.2d 607, 611 (1st Cir. 1993) (filing legal claim "which proves baseless" is an unfair trade practice if claim brought with "ulterior motive"); Nova Assignments, Inc. v. Kunian, 77 Mass. App. Ct. 34, 44 n. 7 (2010); Refuse & Envtl. Sys., Inc. v. Indus. Servs. of Am., Inc., 932 F.2d 37, 43 (1st Cir. 1991) ("bringing [a] lawsuit in spite of the evidence" can violate Chapte 93A). These improprieties would further support sanctions under M.G.L. c. 231, &sect; 6F, see Fronk v. Fowler, 456 Mass. 317, 334 -35 (2010) ("Claims that are so unmoored from law or fact are the very definition of 'frivolous': 'Lacking a legal basis or legal merit; not serious; not reasonably purposeful.'") (quoting Black's Law Dictionary 739 (9th ed. 2009)), and under Mass. R. Civ. P. 11, see Van Christo Adver. v. M/A-COM/LCS, 426 Mass. 410, 416-17 (1998).
</i></blockquote>
Believe it or not, those aren't even all of the highlights of the letter.  I imagine that this one could get interesting if Ishman and Monsarrat choose not to take Booth's stern suggestion that they immediately dismiss the claims against Newman with prejudice.<br /><br /><a href="http://www.techdirt.com/articles/20130517/02413623115/bogus-lawsuit-plus-threats-to-those-who-write-about-it-leads-to-epic-response.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130517/02413623115/bogus-lawsuit-plus-threats-to-those-who-write-about-it-leads-to-epic-response.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130517/02413623115/bogus-lawsuit-plus-threats-to-those-who-write-about-it-leads-to-epic-response.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-not-to-go-legal</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130517/02413623115</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 9 May 2013 08:57:54 PDT</pubDate>
<title>This Is My Pencil. This Is My Pencil Pretending To Be A Gun. One Is For Writing. One Is For Mandatory Suspensions.</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml</link>
<guid>http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml</guid>
<description><![CDATA[ <p>
A majority of human beings would look at two 7-year-old boys pretending their pencils are guns and say something about "boys being boys" or "someone's going to poke their eye out" and leave it at that. Those who <a href="http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml" target="_blank">craft and enforce zero tolerance</a> policies see something more sinister. They see "threatening behavior" that must be dealt with swiftly and with as little thought as possible.
<br /><br />
The end result? Two 7-year-old boys with otherwise clean records were handed two-day suspensions for <a href="http://reason.com/blog/2013/05/07/a-pencil-is-considered-a-weapon-when-its" target="_blank">pointing their pencils at each other and making shooting noises</a>. This ridiculous punishment was (of course) defended at length by school administration.
<blockquote>
<i>Suffolk Public Schools spokeswoman Bethanne Bradshaw said a pencil is considered a weapon when it&rsquo;s pointed at someone in a threatening way and gun noises are made.</i></blockquote>
Really? Administration thinks a pencil becomes a weapon when "gun noises are made." (They don't actually think this, of course. They've just crafted a policy that <i>states</i> this, thus preventing administration members from "erroneously" coming to independent conclusions.) I can see a pencil being considered a weapon if it's being "pointed" (in a stabbing motion) at a sensitive area like an eyeball or a neck. <i>Then</i> a pencil is a weapon.
<br /><br />
When two boys point pencils at each other and make shooting noises, a pencil is still a pencil and their imagination is doing all the heavy lifting. All it would take to "disarm" these kids is asking them to stop. Which is what a teacher did.
<blockquote>
<i>On the suspension note, the teacher noted that the boy stopped when she told him to do so.</i></blockquote>
Problem solved. No one is harmed and the perpetrators were left with nothing but non-threatening pencils. Why this was written on a suspension note, rather than on a simple concerned note to the parents or better yet, on NOTHING AT ALL, is beyond me. But Bradshaw has an answer for every question and <a href="http://washington.cbslocal.com/2013/05/07/2-va-boys-suspended-for-using-pencils-as-guns/" target="_blank">a terrible excuse for every idiotic zero tolerance policy</a>.
<blockquote>
<i>&ldquo;Some children would consider it threatening, who are scared about shootings in schools or shootings in the community,&rdquo; Bradshaw said. &ldquo;Kids don&rsquo;t think about &lsquo;Cowboys and Indians&rsquo; anymore, they think about drive-by shootings and murders and everything they see on television news every day.&rdquo;</i></blockquote>
Do they? My kids don't think about that kind of stuff. Then again, they rarely watch the news. Would my boys be "threatened" by a pencil gun? I doubt it. They're probably packing a pencil or two themselves during the school day. I'm going to go out on a limb and say that these hypothetical, hypersensitive children who bruise whenever the wind changes direction <i>do not actually exist</i>, at least not outside of statements like Bradshaw's. They're straw children.
<br /><br />
Bradshaw also defended the moronic policy using this gem:
<blockquote>
<i>Bradshaw said the policy has been in place for at least two decades.</i></blockquote>
So... you're saying the administration has been stupidly overreacting since back when MTV still played music videos and no one has <i>once</i> thought that <i>maybe</i> a few policies might need to be updated or relaxed or given a good once over with a dose of context or common sense? Rules <i>can</i> be changed, even big, important ones. (See also: Amendments 1-27 to the Constitution, but pay close attention to nos. 18 and 21.) Nothing's so inflexible that anyone should be reduced to the rhetorical level Bradshaw is, fending off irritated parents with "Yeah, it's a shitty policy but what are you going to do. It has tenure."
<br /><br />
Bradshaw doubles down on the importance and inflexibility of "rules" as well.
<blockquote>
<i>&ldquo;It&rsquo;s an effort to try to get kids not to bring any form of violence, even if it&rsquo;s violent play, into the classroom,&rdquo; Bradshaw said. &ldquo;There has to be a consequence because it&rsquo;s a rule."</i>
</blockquote>
Yeah, I get it. A rule is a rule. And enforcers like Bradshaw are throwing stuff on kids' permanent records that wouldn't pass the laugh test in the real world. Will this file note that the two boys "pointed pencils at each other and made shooting noises?" Or will it state something to the effect that the boys broke the school's policy on violence and threatening behavior? My guess is the latter, which will allow anyone perusing the record to imagine the worst.
<br /><br />
We can only hope that having these stories reported widely might push a few administrators to consider loosening or removing these so-called "zero tolerance" policies. Unfortunately, to date most administrators (and their policies) seem impervious to public ridicule, and every school-related tragedy just results in a newer, more rigid set of unbreakable rules. Until the day comes when kids can be kids without being suspended for pretending pencils are guns, parents might want to sit their kids down and have a long talk about safe pencil handling and the requirements and responsibilities that come with the "conceal-and-carry" permit they'll be needing before being allowed to start the next school year.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>school-admins-looking-to-shutter-known-arms-dealer-OfficeMax</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130507/16130622982</wfw:commentRss>
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<item>
<pubDate>Tue, 16 Apr 2013 15:12:00 PDT</pubDate>
<title>Med Express Sues Marginally Dissatisfied Customer For Posting Accurate Feedback On eBay</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130416/02180522721/med-express-sues-marginally-dissatisfied-customer-posting-accurate-feedback-ebay.shtml</link>
<guid>http://www.techdirt.com/articles/20130416/02180522721/med-express-sues-marginally-dissatisfied-customer-posting-accurate-feedback-ebay.shtml</guid>
<description><![CDATA[ Here's yet another example of companies using lawsuits to censor speech -- a situation that would be stopped if there was a serious federal anti-SLAPP law in place.  Paul Levy shares the incredible story of a company called "Med Express," an Ohio company, who appears to sell various medical equipment exclusively via eBay (there are other "Med Express" companies out there from what I can tell).  One buyer, in South Carolina, purchased something, but was disappointed by the fact that the product arrived postage due.  The woman noted it wasn't the fact that she had to pay, just the <i>inconvenience</i> of having to pay to get the delivery when it wasn't expected.  In response, she <a href="http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&ftab=AllFeedback&userid=med_express_sales&iid=-1&de=off&page=1&items=25&interval=180&which=negative&convFdkId=807316957016&convShow=true#807316957016" target="_blank">left negative feedback</a> on Med Express' eBay page.
<br /><br />
While Med Express did express regret (while noting that some other customers had seen the same problem) and offered to reimburse the postage due, it also asked her to remove the negative review.  However, as she noted, it wasn't the money issue, but the inconvenience, so she decided to leave her feedback up.  At this point, Med Express and its lawyer, James Amodio, apparently decided that if she didn't like "inconvenience" it would subject her to more inconvenience and <a href="http://pubcit.typepad.com/clpblog/2013/04/med-express-and-james-amodio-bullying-a-critic.html" target="_blank">sued her for defamation</a> in state court in Ohio and sought a temporary restraining order against eBay to block the review.  While that failed, apparently the judge is allowing a hearing to happen for a preliminary injunction even though (as Levy points out) the same reason the TRO was rejected should apply to any preliminary injunction.
<br /><br />
Amazingly, the complaint directly lays out the pretty clear fact that it's suing her for not removing a <i>truthful</i> review.  They don't even attempt to argue that she said anything false or defamatory.  Just that they feel she shouldn't have complained since they offered to reimburse.
<br /><br />
This is where Levy, a former colleague of a relative of the customer in this case, Amy Nicholls, reached out to Amodio to point out that the lawsuit was a complete joke.  Amodio's response is somewhat stunning, in that, according to Levy, he more or less admitted that he was filing a nuisance lawsuit:
<blockquote><i>
I contacted <a href="http://www.brownandamodio.com/james_amodio.html" target="_blank">James Amodio</a>, Med Express&#8217;s lawyer, to explain to him <a href="http://www.citizen.org/documents/LevytoAmodio.pdf" target="_blank">the many ways in which his lawsuit is untenable</a>.&nbsp; He readily admitted that, as the complaint admits, everything that the customer had posted in her feedback was true; he did not deny that a statement has to be false to be actionable as defamation; but he just plain didn&#8217;t care.&nbsp; To the contrary, he told me that I could come up to Medina, Ohio, and argue whatever I might like, but that the case was going to continue unless the feedback was taken down or changed to positive.&nbsp; And he explained why his client was insisting on this change &#8212; he said that it sells exclusively over eBay, where a sufficient level of negative feedback can increase the cost of such sales as well as possibly driving away customers
</i></blockquote>
Yet another case of felony interference with a business model, apparently, except in this case the company and the lawyer seem to be fine with abusing defamation law to stop a truthful review from appearing online because it might hurt them.  Of course, suing a customer seems like the sort of thing likely to lead to significantly <i>more</i> negative feedback and fewer people willing to buy from them.  Yes, a negative review can suck, but <i>suing</i> over it, while <i>admitting</i> that you don't really care about all the reasons that the lawsuit is censorious crap, is taking things to another level entirely.
<br /><br />
As Levy notes, if a "public spirited lawyer in that part of Ohio" wants to take up a case to stand up for free speech and against censorious attacks, here's an opening.<br /><br /><a href="http://www.techdirt.com/articles/20130416/02180522721/med-express-sues-marginally-dissatisfied-customer-posting-accurate-feedback-ebay.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130416/02180522721/med-express-sues-marginally-dissatisfied-customer-posting-accurate-feedback-ebay.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130416/02180522721/med-express-sues-marginally-dissatisfied-customer-posting-accurate-feedback-ebay.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>talk-about-inconvenience</slash:department>
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<item>
<pubDate>Wed, 10 Apr 2013 07:46:56 PDT</pubDate>
<title>As Congress Debates CISPA, Companies Admit No Real Damage From Cyberattacks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130409/15372222650/as-congress-debates-cispa-companies-admit-no-real-damage-cyberattacks.shtml</link>
<guid>http://www.techdirt.com/articles/20130409/15372222650/as-congress-debates-cispa-companies-admit-no-real-damage-cyberattacks.shtml</guid>
<description><![CDATA[ Since the beginning of the cybersecurity FUDgasm from Congress, we've been asking for proof of the actual problem.  All we get are <a href="http://www.techdirt.com/articles/20120216/17430217786/senators-ramp-up-fear-mongering-to-try-to-rush-through-cybersecurity-bill.shtml">stories</a> about how airplanes might fall from the sky, but not a single, actual example of any serious problem.  Recently, some of the rhetoric shifted to how it wasn't necessarily planes falling from the sky but <a href="http://www.techdirt.com/articles/20120405/16421518396/former-cybersecurity-czar-thinks-dhs-should-spy-all-internet-traffic-crossing-our-borders-because-chinese-pirates.shtml">Chinese hackers</a> eating away at our livelihoods by hacking into computers to get our secrets and destroy our economy.  Today, Congress is debating CISPA (in secret) based on this assumption.  There's just one problem: it's still not true.
<br /><br />
The 27 largest companies have now admitted to the SEC that <a href="http://www.bloomberg.com/news/2013-04-04/cyberattacks-abound-yet-companies-tell-sec-losses-are-few.html" target="_blank">cyberattacks are basically meaningless</a> and have done little to no damage.
<blockquote><i>
The 27 largest U.S. companies reporting cyber attacks say they sustained no major financial losses, exposing a disconnect with federal officials who say billions of dollars in corporate secrets are being stolen.
<br /><br />
MetLife Inc., Coca-Cola Co. (KO), and Honeywell International Inc. were among the 100 largest U.S. companies by revenue to disclose online attacks in recent filings with the Securities and Exchange Commission, according to data compiled by Bloomberg. Citigroup Inc. (C) reported &#8220;limited losses&#8221; while the others said there was no material impact. 
</i></blockquote>
So what's this all really about?  It goes back to what we said from the very, very beginning.  This is all FUD, <a href="http://www.techdirt.com/articles/20100302/1024048361.shtml">engineered by defense contractors</a> looking for a new way to <a href="http://www.techdirt.com/articles/20100517/1141179445.shtml">charge the government</a> tons of money, combined with a willing government who sees this as an <a href="http://www.techdirt.com/articles/20120221/23433317835/nsa-anonymous-might-one-day-hack-power-grids-anonymous-huh.shtml">opportunity</a> to further take away the public's privacy by claiming that it needs to see into corporate networks to prevent these attacks.
<br /><br />
If this was a real problem, wouldn't we see at least some evidence?<br /><br /><a href="http://www.techdirt.com/articles/20130409/15372222650/as-congress-debates-cispa-companies-admit-no-real-damage-cyberattacks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130409/15372222650/as-congress-debates-cispa-companies-admit-no-real-damage-cyberattacks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130409/15372222650/as-congress-debates-cispa-companies-admit-no-real-damage-cyberattacks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-truth-is-so-inconvenient</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130409/15372222650</wfw:commentRss>
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<pubDate>Mon, 8 Apr 2013 13:52:41 PDT</pubDate>
<title>Hilarious And Ridiculous: Networks Threaten To Pull Channels Off The Air If Aereo &amp; Dish Win Lawsuits</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml</link>
<guid>http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml</guid>
<description><![CDATA[ The entertainment industry has a long, long history of claiming that if copyright law doesn't go their way, they'll all go out of business.  It's the adult version of "if you don't do it my way, I'm taking my ball and going home."  If court cases don't go their way, or if the law isn't changed, we've been told over and over and over again for the last century (and more frequently in the last two decades) that the industry will take its ball and go home, because they won't create under such awful circumstances (even if those circumstances really aren't particularly different than they've operated under for years).  The latest?  First, Fox's COO, Chase Carey, claims that if they lose the <a href="http://www.techdirt.com/blog/?company=aereo">Aereo case</a>, they might shut down Fox, the network TV channel, and <a href="http://allthingsd.com/20130408/news-corp-threatens-to-pull-fox-off-the-airwaves-if-aereo-wins/" target="_blank">move all its content to cable TV channels</a>.
<blockquote><i>
&#8220;If we can&#8217;t have our rights properly protected through legal and governmental solutions, we will pursue business solution. One solution would be to take the network and make it a subscription service. We&#8217;re not going to sit idly by and let people steal our content.&#8221;
</i></blockquote>
That came out about the same time as another quote from a TV exec, Garth Ancier, who has worked at Fox, NBC and WB, basically saying the same thing, arguing that an unnamed "two" of the four major networks <a href="http://www.forbes.com/sites/jeffbercovici/2013/04/08/holy-cow-two-of-the-big-four-tv-networks-are-considering-going-off-the-air/" target="_blank">are considering shutting down</a> if the Aereo case (and possibly the Dish <a href="http://www.techdirt.com/blog/?tag=auto+hopper">Auto Hopper</a> case) goes against them.
<blockquote><i>
&#8220;I know two that are talking about it,&#8221; he says, leaving open the possibility that the others might be as well. He declines to specify which, saying he&#8217;d heard it in a &#8220;talking over coffee&#8221; setting and didn&#8217;t want to betray a confidence....
<br /><br />
&#8220;To say it&#8217;s serious is probably an overstatement,&#8221; Ancier says. Rather, it&#8217;s a contingency plan the networks in question are keeping in their back pockets in case they can&#8217;t prevail over Aereo and Dish in court or find some other way to stave off the threat they represent.
</i></blockquote>
Let's be the first to call bullshit on this.  No networks are stupid enough to shut down over this, and if they are, good riddance.  Put that spectrum to better use.  First of all, network TV shows get a <i>lot</i> more viewers.  By a wide margin.  Yes, there's an occasional cable show (<i>Game of Thrones</i>) that sneaks in to the top ratings, but it's pretty rare.  The cable shows that get the most viewers are still viewed a lot less often than most network shows.  If you look at Nielsen's latest rankings for last week, the top 10 network shows all scored <a href="http://www.nielsen.com/us/en/top10s.html" target="_blank">higher ratings</a> than the top cable show (Walking Dead).  And by the time you're at the 4th most popular cable show, you're talking about a show that's getting just around <i>half</i> of the tenth most popular network show.
<br /><br />
No network with any business sense at all is going to give up that prime position for getting viewers, and shunt themselves off into the hinterlands of cable TV.  And, seriously, if they <i>do</i> want to cede that position, I'm sure there are plenty of smart folks willing to take over that position.  And, of course, nothing that Aereo or Dish Hopper is trying to do does anything to threaten the traditional business model of network TV in the first place: ads.  In fact, both serve to <i>increase</i> viewers.  The real issue is that the networks have gotten fat and happy off of the money they get from cable and satellite companies for carrying the networks, and they don't want that gravy train to go away.  So, an artificial situation came up that let them get lots of money, and now that it might go away (and reality is that it won't go away for a long long time) they're threatening to take their ball and go home?
<br /><br />
This is clearly bullshit whining from the networks hoping that lawmakers will protect their revenues from cable and satellite providers.  It has nothing to do with "stealing content" as Carey claims.  Policy makers would be well served to call the networks' bluff.  Let the cases play out and let's see (1) if the networks really give up their prime real estate and (2) if others don't rush in to make use of it.<br /><br /><a href="http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>call-their-bluff</slash:department>
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<item>
<pubDate>Mon, 8 Apr 2013 09:46:56 PDT</pubDate>
<title>Organization That Plagiarized Guide On Making Science Posters Has Pricey Lawyer Threaten Original Creator With Copyright Claim</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml</link>
<guid>http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml</guid>
<description><![CDATA[ A bunch of folks have been sending in variations on the story about Colin Purrington, a guy who apparently created <a href="http://colinpurrington.com/tips/academic/posterdesign" target="_blank">a "guide" to creating posters</a> for scientific conferences that is somewhat popular online. The crux of the story is that Purrington, who has left academia, still spends time asking folks to take down any copies of his work -- and he's a bit obnoxious about it frankly -- mocking anyone who suggests that a copy might involve fair use.  He doesn't seem to recognize that fair use exists.
<blockquote><i>
 Contents copyright Colin Purrington (1997-2013). Plagiarizing, adapting, and hosting elsewhere prohibited. Included in the plagiarizing prohibition is paraphrase plagiarism, which is when you copy sentences and phrases but make minor word changes to mask your theft. Also, I have lost my patience with people claiming that Fair Use allows them to bypass my copyright.  Really, folks?
</i></blockquote>
Well, yes, actually.  That's the whole point of fair use.  If it's fair use, it does let you bypass copyright.  His copyright claim is a pretty clear example of copyfraud, overclaiming certain rights.  Also, while I agree that he certainly may hold the copyright on the work, significant parts of the work are basically just factual statements, which generally aren't subject to copyright protection, or, at the very least, very weak copyright protection.
<br /><br />
<b>That said</b>, none of that means he deserves what then happened.  He apparently sent one of his "hey stop it!" letters to Purdue University's DMCA takedown address and cc'ing a general catchall email at the The Consortium for Plant Biotechnology Research (CPBR) after finding parts of his guide in a document hosted on the Purdue site, which was discussing an upcoming CPBR competition.  While I think that Purrington goes way, way, way overboard in his claims about his own copyright, it does seem fairly clear that CPBR copied significant portions of Purrington's own work.  The <a href="http://webs.purduecal.edu/sponsoredprograms/files/2012/10/CPBR-2014-RFP.pdf" target="_blank">original file</a> is no longer on the Purdue website, though you can <a href="https://www.documentcloud.org/documents/681248-purrington-cpbr-appendix-5.html" target="_blank">see it here</a> (or embedded below). As the folks at Retraction Watch have pointed out, it's pretty clear <a href="http://retractionwatch.wordpress.com/2013/04/03/plagiarism-spat-over-scientific-poster-prep-advice-escalates-to-legal-threats/" target="_blank">that the CPBR version</a> copies heavily from Purrington's document.
<br /><br />
For what it's worth, while Purrington sent a notice to Purdue's DMCA address, his letter is clearly <i>not</i> a DMCA-compliant / takedown letter, and really does seem to be more of a "hey, you should take this down" admonition, including an exceptionally jokey closing line:
<blockquote><i>
If you can cover the shipping charges, I would be grateful if
you to send me the head of the person who did this.
</i></blockquote>
Har har.  Still, what came back was quite unexpected.  A <a href="https://www.documentcloud.org/documents/681192-purrington-arnold-porter-letter-1.html" target="_blank">threat letter from CPBR's very expensive lawyers</a> at big shot law firm, Arnold &#038; Porter.  These guys cost a lot.  In that letter, they claim that CPBR didn't copy Purrington, but rather that Purrington copied CPBR <b>and</b> that now that they were aware that Purrington had violated the copyright on CPBR, they were threatening him with statutory damages, up to $150,000 for willful infringement, for copyright infringement if he didn't take down his work.
<br /><br />
Oh yeah, and they claim that jokey last line is being viewed "as a physical threat against [CPBR staff's] personal safety" and warn that if any further threats are made, they will go to the authorities.
<br /><br />
While Purrington's guide has moved around online a few times (and ridiculously, no one covering this seems to link back to the original), you can find the earlier version that supports his story if you look in the Internet Archive for the guide's <i>old</i> address <a href="http://web.archive.org/web/*/http://www.swarthmore.edu/NatSci/cpurrin1/posteradvice.htm" target="_blank">at Swarthmore</a>.  CPBR's letter clearly claims that CPBR created the content in 2005.  Purrington's guide dates back to 2001, though it is a bit different.  Still, you can find both of the key passages highlighted by RetractionWatch in a <a href="http://web.archive.org/web/20041119094754/http://www.swarthmore.edu/NatSci/cpurrin1/posteradvice.htm" target="_blank">late 2004</a> version of Purrington's document (though, oddly, one of the copied phrases only shows up right at the very end of 2004, but that's still before 2005).
<br /><br />
CPBR is a big organization.  It takes in tens of millions of dollars in government grants and then fees it out to universities to do research.  You'd think that it would know better than to claim copyright over something when there's pretty clear evidence that it was the one doing the copying.
<br /><br />
While I find Purrington's position on copyright a bit ridiculous (also: his continual confusion between plagiarism and copyright, his refusal to acknowledge fair use within the law, and inability to compose a complaint DMCA takedown notice), it does seem pretty clear here that the party over reacting (massively) is CPBR.    When the Chronicle of Higher Education reached out to both CPBR's director and the lawyer who wrote the letter, it appears that both <a href="https://chronicle.com/blogs/percolator/adding-insult-to-plagiary-scientist-who-complained-of-copying-got-legal-threats/32525?cid=at&#038;utm_source=at&#038;utm_medium=en" target="_blank">hung up</a> on the reporter.  It might be time to admit that they royally screwed up here.<br /><br /><a href="http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>where-do-they-find-these-people</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130405/23435122608</wfw:commentRss>
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<item>
<pubDate>Thu, 4 Apr 2013 07:50:54 PDT</pubDate>
<title>Copyright As Censorship: University Threatens Own Faculty With Copyright Infringement For Campus Survey</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130403/16412622564/copyright-as-censorship-university-threatens-own-faculty-with-copyright-infringement-campus-survey.shtml</link>
<guid>http://www.techdirt.com/articles/20130403/16412622564/copyright-as-censorship-university-threatens-own-faculty-with-copyright-infringement-campus-survey.shtml</guid>
<description><![CDATA[ This story is incredible.  Saint Louis University is <a href="https://chronicle.com/article/Saint-Louis-U-Threatens/138237/?key=S2MhIgI2MSsTNC5mZzlAZTtSYSA4N00jZHBMPnJ7bllVEQ%3D%3D" target="_blank">threatening a faculty member with copyright infringement claims</a> for his decision to take a survey of his colleagues.  It appears that the faculty and the administration have been battling with each other recently, leading to a <a href="http://chronicle.com/article/Provost-Who-Sought-Tenure/136339/" target="_blank">"no confidence" vote</a> by students and faculty of the University provost.  In response, the Board of Trustees sent around a "climate survey" to faculty, staff and students -- but some had complained that the questions were not useful and only asked one question about the leadership of that provost, Lawrence Biondi.  In response, some of the faculty designed their own "supplemental survey" for other faculty members that included more questions, specifically about Biondi's relationship with the faculty itself.
<blockquote><i>
The Saint Louis University chapter of the American Association of University Professors responded to the board's surveys by attempting to devise its own "AAUP Supplemental Survey" for faculty members that would include specific questions about Father Biondi. Where the university's survey for faculty members asked how much they agreed or disagreed with the statement "The university appreciates the contributions of the faculty," the AAUP survey would, for example, ask how much respondents agreed with the statement "The president appears to respect and value the faculty."
</i></blockquote>
However, the University is having none of this and has <i>threatened the AAUP's President with claims of copyright infringement</i>.
<blockquote><i>
A St. Louis Post-Dispatch article on March 27 mentioned the AAUP chapter's plan for a survey. The next day the chapter's president, Steven G. Harris, a professor of mathematics and computer science, received a letter from William R. Kauffman, the university's vice president and general counsel, telling him that the university's new surveys are copyrighted and any use of them would violate federal law.
<br /><br />
Mr. Kauffman's letter said that anything derived from the university's surveys would likewise be regarded as a violation of the university's rights. "Any infringement," the letter said, "will be addressed by the university and could result in legal action" in which the university could seek injunctive relief, damages, and the recovery of any legal fees.
</i></blockquote>
This is incredible on so many levels, none of which makes Saint Louis University look good.  First, this is a clear case of using copyright to censor, rather than for any legitimate purpose of copyright (it's like the University needed the incentives of copyright to develop this survey).  Second, the "supplemental survey" is clearly asking different questions, not the same questions.  Third, it's difficult to see how basic <i>survey questions</i> would have enough creative element to qualify for copyright protection in the first place, and even in the rare cases where they did, it would be likely that the protection would be quite thin, and hardly likely to be infringed upon by a separate and different set of questions.
<br /><br />
But, most importantly, if the University board was looking to suggest that the faculty was happy with the administration, it would appear that threatening a bogus copyright infringement lawsuit demonstrates the exact opposite message.  Truly incredible.
<br /><br />
Unfortunately, the chilling effects of the threat may be working in silencing the survey attempt:
<blockquote><i>
"The issue," he said, "is not whether the university will prevail in such a suit but whether I would be forced to run up enormous legal bills to defend against such a suit."
</i></blockquote>
Of course, given that the likely point of the supplemental survey was to highlight problems between the administration and the faculty, the threat of the lawsuit seems to have accomplished that goal already.
<br /><br />
The Chronicle of Higher Education also notes that Saint Louis University has sued another professor over questionable copyright claims before, and even though that professor won, he still racked up $10,000 in legal bills.  And yet, the maximalists tell us, there are no examples of copyright being used to stifle free speech...<br /><br /><a href="http://www.techdirt.com/articles/20130403/16412622564/copyright-as-censorship-university-threatens-own-faculty-with-copyright-infringement-campus-survey.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130403/16412622564/copyright-as-censorship-university-threatens-own-faculty-with-copyright-infringement-campus-survey.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130403/16412622564/copyright-as-censorship-university-threatens-own-faculty-with-copyright-infringement-campus-survey.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>institutes-of-higher-learning</slash:department>
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<pubDate>Thu, 28 Mar 2013 13:03:00 PDT</pubDate>
<title>Taxi, Limo Trade Group Hates Innovative Upstarts, Labels Them 'Rogue Applications'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20130327/02594322476/taxi-limo-trade-group-hates-innovative-upstarts-labels-them-rogue-applications.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20130327/02594322476/taxi-limo-trade-group-hates-innovative-upstarts-labels-them-rogue-applications.shtml</guid>
<description><![CDATA[ There's nothing like a bit of disruptive innovation to make the legacy players start busting out the old moral panics.  We've written a few times about the new generation of ride-for-hire and ride-share services, which are really disrupting the old taxi and limo business -- leading to all sorts of highly questionable lawsuits and attempts at regulating these new players into oblivion.  In almost every case, it seems quite clear that these attacks are not because the service is bad for consumers... but because it's disrupting traditional players who haven't innovated.  So, it came as little surprise this week to receive an email from the "Taxi, Limousine &#038; Paratransit Association" excitedly telling me all about a new paper they've issued with a giant "warning" about what they call "rogue apps."  Isn't that great?  Rather than innovative and disruptive services that consumers absolutely love, they just rebrand them as "rogue" apps and they can make them seem sssssssssssssscary.  The paper grades various new services, giving them a "red light," "yellow light" or "green light."
<br /><br />
Not surprisingly, the more well known apps -- Uber, SideCar, Lyft and Tickengo -- all have received the coveted "red light."  While according to the TLPA this means they're dangerous "rogue apps," to me it suggests that they're all doing something right.  They're providing services that people want that are more convenient or better priced than the old guard, which is why the old guard has to attack them.
<br /><br />
The key point they make is that these are all "unregulated" taxi services, which allows them to go into full out moral panic mode about how, without regulations, these services will likely take advantage of consumers.  The paper talks about threats of "criminal" drivers and the potential for meter rigging.  Of course, as we've seen in other industries, this seems like a clear case of businesses using regulations to <a href="http://www.techdirt.com/articles/20120627/00031719500/why-you-cant-braid-someones-hair-utah-money-without-first-paying-16k.shtml">keep out innovation and competitors</a>, rather than for a legitimate purpose.  Yes, many of those regulations were put in place for a good reason originally, yet many of those reasons really don't apply to these new services.
<br /><br />
In the past, you needed regulations to protect you from drivers taking extra long paths to where you wanted to go, driving poorly or charging too much -- because drivers could do that <b>and there was little recourse</b>.  But the thing about these new services, which rely heavily on online reputation systems, is that these reputation systems make the need for such regulations <i>much less necessary</i>.  The services, like Uber, set the price and poor drivers get booted from the system based on user reviews.  And, since most people who have a mobile phone these days to use one of these apps will <i>also</i> have GPS on those phones, people can self-monitor if the driver is taking a reasonable route.  Basically, the <b>original safety reasons</b> (which, again, may have made sense at the time) for many of those regulations simply may not really apply to these new services.  But rather than deal with that, the legacy players are doing what legacy players do: using those regulations to try to stomp out innovation and stifle competition.<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20130327/02594322476/taxi-limo-trade-group-hates-innovative-upstarts-labels-them-rogue-applications.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130327/02594322476/taxi-limo-trade-group-hates-innovative-upstarts-labels-them-rogue-applications.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130327/02594322476/taxi-limo-trade-group-hates-innovative-upstarts-labels-them-rogue-applications.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-beat-'em-in-the-market,-so...</slash:department>
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<pubDate>Thu, 21 Mar 2013 15:31:29 PDT</pubDate>
<title>Not Connecting: Miami Marlins Organization Threatens Season Ticket Holders With Lawsuit Because They Want To Change Seats</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130320/04335422388/not-connecting-miami-marlins-organization-threatens-season-ticket-holders-with-lawsuit-because-they-want-to-change-seats.shtml</link>
<guid>http://www.techdirt.com/articles/20130320/04335422388/not-connecting-miami-marlins-organization-threatens-season-ticket-holders-with-lawsuit-because-they-want-to-change-seats.shtml</guid>
<description><![CDATA[ Way back in ancient 2009, Mike wrote a piece highlighting one spectacularly awful example of a business going out of their way to alienate their fans. We talk a great deal about connecting with customers here, but when we saw the Washington Redskins <a href="http://www.techdirt.com/articles/20090904/0042326099.shtml">suing</a> season ticket holders, who weren't able to keep to their contract terms after the economic downturn, we had to point it out. In that case, the actual contract language was on the Redskins' side, although in similar cases, sports franchises rarely go after their customers in that manner. Instead, typically the team and customers work out an amicable deal to resell the tickets or provide for some kind of payment plan. In other words: suing your fans is a crappy way to do business.
<br /><br />
But what if I told you that there's a worse example of a professional sports franchise threatening to sue their own fans? What if I told you that the customers they were threatening were <i>perfectly happy to continue paying</i> for their seats, despite the team doing everything in their power to alienate the fans, but the customers <b>just wanted to sit in different seats</b>, which they say the contract allows for? And what if I told you that all of this hate and bile comes from the team with the most obnoxiously festive stadium in pro sports? <center>

<a href="http://www.flickr.com/photos/48913243@N00/7085542779/" title="Marlins Park, Miami by @mikepick, on Flickr"><img alt="Marlins Park, Miami" src="http://farm8.staticflickr.com/7139/7085542779_6b61bdb47d.jpg" width="300" /></a><br /> <span style="font-size:10px;">Little known fact: the entire stadium is made out of tropical flavor skittles<br /> Image <a href="http://www.flickr.com/photos/48913243@N00/7085542779/">source</a>: CC BY 2.0</span>

</center>
 Don't believe that all of the above could be true? Let me <a href="http://extramustard.si.com/2013/03/19/miami-marlins-continue-mission-to-alienate-every-last-fan-of-team/?sct=uk_t2_a5">introduce you to the Miami Marlins of Major League Baseball</a>.
<blockquote>
<i>The flea-market ownership of the Miami Marlins have let down their fans too many times to count through the years, whether it's running one of their traditional fire sales &mdash; see: November's $160 million salary dump &mdash; or pocketing revenue-sharing money intended for players. Or, lest we forget, getting South Florida taxpayers to plunk down 80 percent of the cost for a new $634 million baseball park. But this might take the cake even for them.</i></blockquote>
<blockquote>
<i>The team has threatened to sue Bill and Jan Leon, season ticket holders since 1998, <b>for having the gall to ask for a different seat location &mdash; as they say the ticket agreement permits &mdash; and refusing to pay when the team failed to comply</b>. The New Miami Times reports the Leons signed a two-year agreement for their tickets (at $25,000 per year) with the option of changing their seats if they were unhappy with their location after the first season. Which they were, thanks to a sign that obstructed their view.</i></blockquote>
Yes, you read that right. After bilking taxpayers out of a huge chunk of money to build their stadium, the team is suing two season ticket holders for asking to switch seats. Now, I know what you're thinking: surely this must have happened because the team couldn't accommodate their request to move their seats. You're thinking that all the rest of the seats in the stadium must have been gobbled up by Floridians. Well, if you are, you're wrong. The <a href="http://espn.go.com/mlb/attendance/_/year/2012">Marlins drew enough attendance last year</a>, the first year of their new stadium (generally considered to provide a bump in attendance), to not quite fill 75% of the seats. In other words, if the team had wanted to be amicable, they had over a quarter of their skittle stadium to choose from to reseat the Leons. Instead they're suing, because evil doesn't do logic.<br /><br /><a href="http://www.techdirt.com/articles/20130320/04335422388/not-connecting-miami-marlins-organization-threatens-season-ticket-holders-with-lawsuit-because-they-want-to-change-seats.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130320/04335422388/not-connecting-miami-marlins-organization-threatens-season-ticket-holders-with-lawsuit-because-they-want-to-change-seats.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130320/04335422388/not-connecting-miami-marlins-organization-threatens-season-ticket-holders-with-lawsuit-because-they-want-to-change-seats.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>yes,-seriously</slash:department>
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<pubDate>Thu, 21 Mar 2013 07:33:09 PDT</pubDate>
<title>Motion Picture Association: The Cloud Is A Threat To Us And The Best Response Is Censorship</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130320/16033322402/motion-picture-association-cloud-is-threat-to-us-best-response-is-censorship.shtml</link>
<guid>http://www.techdirt.com/articles/20130320/16033322402/motion-picture-association-cloud-is-threat-to-us-best-response-is-censorship.shtml</guid>
<description><![CDATA[ The Motion Picture Association is somewhat notorious for flipping out over every new technology and how it will, without doubt, mean death for them.  Most famously, of course, the prediction that the VCR would be the "Boston Strangler" to the movie industry a mere six years before home video revenues outstripped box office revenues.  However, this seems to be somewhat instinctual behavior.  Everything new must automatically be classified as a threat, and the best response is to kill it outright.  The latest version of this appears to be the threat of (gasp!) "cloud computing."  At a get together in Hong Kong, in which the movie industry was supposed to be talking about "protecting the screen community in the cloud era" apparently there was the typical predictions of doom with little in the way of suggestions.  But there were some.  Frank Rittman, the SVP of the Motion Picture Association, <a href="http://www.digitaltrends.com/international/the-future-of-online-movie-piracy-is-grim-experts-warn/" target="_blank">explained that the cloud was evil and censorship was the answer</a>:
<blockquote><i>
The news was even worse from Frank Rittman, SVP of the Motion Picture Association, Asia Pacific, who stated that potential pirates have all the digital tools they need to make illegal media sharing more viral than ever. &#8220;Digital online technology has enabled new channels of delivery for entertainment media,&#8221; he said. &#8220;The cloud also represents a threat in that it facilitates piracy, and the pirates seem to have gotten into this space first.&#8221;
<br /><br />
The answer to both problems, Rittman believes, is pushing for Internet Service Providers to block sites known to be troublemakers when it comes to Internet piracy. He pointed to examples of the practice in Europe, Indonesia, Malaysia, and South Korea as models of how this has worked as a low-cost way of cutting down on piracy that has met with some success.
</i></blockquote>
He also complains that Hong Kong won't pass a law like this because the process has been "hijacked by extremists."  Well, that's one way of looking at it.  The alternative way is that arguing that <i>flat out censorship</i> of entire sites because <i>you</i> have been too slow to adapt, is <i>crazy talk</i> and is significantly more extremist than anything anyone else has been arguing.  If you want to go after direct infringement, go after that. But censorship of entire sites is going way too far.  And, contrary to his claims, it has not "worked" nor has it "met with some success."  It hasn't driven people back to paying for movies.
<br /><br />
Really, Rittman's statements are an example of the problem.  Here are people so focused on "stopping piracy" that they don't care about the consequences of their own actions on innovation, nor do they care about whether or not it helps their own bottom line.<br /><br /><a href="http://www.techdirt.com/articles/20130320/16033322402/motion-picture-association-cloud-is-threat-to-us-best-response-is-censorship.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130320/16033322402/motion-picture-association-cloud-is-threat-to-us-best-response-is-censorship.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130320/16033322402/motion-picture-association-cloud-is-threat-to-us-best-response-is-censorship.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hammers-and-nails</slash:department>
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<pubDate>Tue, 5 Mar 2013 15:07:00 PST</pubDate>
<title>Despite Threat Of $50,000 Fine, Montreal Designer Plans To Release More 'Real World' Counter-Strike Maps</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130225/18074022109/despite-threat-50000-fine-montreal-designer-plans-to-release-more-real-world-counter-strike-maps.shtml</link>
<guid>http://www.techdirt.com/articles/20130225/18074022109/despite-threat-50000-fine-montreal-designer-plans-to-release-more-real-world-counter-strike-maps.shtml</guid>
<description><![CDATA[ <p>
Recently, we covered the story of a Canadian Counter-strike enthusiast who created a map based on a <a href="http://www.techdirt.com/articles/20130219/17273422032/make-counterstrike-map-montreal-metro-station-get-threatened-with-50000-fine.shtml" target="_blank">Montreal metro station</a>. It was greeted with a thorough lack of enthusiasm by Montreal's transport authority (STM), which claimed the map might "create panic among the city's public transport users," before deciding to head off the whole situation using good, old-fashioned, pre-murder-simulator copyright. Diego Liatis, the creator of the map, was threatened with a $50,000 fine by STM, which has done little to deter his efforts.
<br /><br />
<a href="http://arstechnica.com/tech-policy/2013/02/montreal-designer-remains-defiant-plans-to-release-new-counter-strike-map/" target="_blank">Ars Technica has a followup story, detailing Liatis' refusal to back down</a>.
<blockquote>
<i>Diego Liatis, a Montreal gamer and entrepreneur, told Ars that he still plans on releasing a Counter-Strike: Global Offensive map of Berri-UQAM, the city&rsquo;s most well-known metro station. He's moving forward&mdash;the map is due sometime in March 2013&mdash;even if it means a drawn-out lawsuit brought by the local transit authority.</i>
<br /><br />
<i>&ldquo;If you ask me to change the name of the station&mdash;forget about it,&rdquo; Diego Liatis told Ars, starting the sentence in French and switching to English for emphasis. &ldquo;I understand [copyright law]. But there are limits, such as the name of the station.&rdquo;</i></blockquote>
Liatis still believes he has the right to reproduce a real world location and is currently in negotiations (a polite word meaning "lawyers conversing") with the STM to determine what can be left in and what needs to be removed to satisfy the transport authority.
<blockquote>
<i>Liatis said he planned on meeting in person with STM representatives later this week. While he is willing to alter the STM logo and a well-known piece of art that hangs above a track, he&rsquo;s not willing to compromise on the name of the station or its layout.</i>
<br /><br />
<i>&ldquo;Either [the STM] opposes me and we&rsquo;ll meet in court,&rdquo; Liatis added. &ldquo;Or [the agency] will be OK with it.&rdquo;</i>
<br /><br />
<i>The February 11 cease-and-desist letter reminds Liatis that the STM &ldquo;had warned you that it did not authorize you to use its image nor reproduction of the station in question for this project,&rdquo; adding that use of its name, acronyms, graphic symbols, and seal are &ldquo;prohibited by law unless permission is granted by the STM.&rdquo;</i></blockquote>
Liatis may be logically "correct" but there's not much logic contained in IP laws. He may be determined to stick it to l'homme, but even members of the LAN ETS community are backing away from Liatis, most likely in hopes of a continued, lawsuit-free existence.
<blockquote>
<i>Simon Marin, a LAN ETS spokesperson, told Ars in an e-mail that the university, and by extension its LAN party event (LAN ETS), is "disassociating itself" from Liatis and his map. Marin did not provide any further explanation.</i></blockquote>
Despite the legal issues and disconnection from LAN ETS, Liatis plans to release the map in the near future. His pushback against government overreach and copyright-as-deterrent is admirable, but some aspects of this story are beginning to paint him as a possibly unreliable narrator.
<br /><br />
As quoted in our original piece, and repeated in the update from Ars Technica, Liatis again states that the STM's representative had concerns about the map's usefulness to potential terrorists.
<blockquote>
<i>Liatis added that STM's media representative, Am&eacute;lie R&eacute;gis, expressed concern to him that releasing the map would allow it to be used by actual terrorists training for an actual attack. R&eacute;gis also said it would be "insulting" to Montreal's Arab community.</i></blockquote>
The representative from STM, however, claims she never spoke to Liatis.
<blockquote>
<i>UPDATE Tuesday 5:42pm CT: R&eacute;gis finally wrote back to Ars, saying that she had never spoken to Liatis, and was "really surprised to read the opposite." Ars has contacted Liatis again to clarify who exactly he spoke with at the STM.</i></blockquote>
Many governments have operated on faith-based paranoia since the 9/11 attacks, which makes it easy to believe Liatis' account of the events. Whatever concerns the STM might have had about "panics" or "terrorists," it may have kept them to itself. Nearly a week on from this interview,  Ars is still waiting for Liatis to back up this claim. The STM may be using copyright to block a map it feels could potentially have this effect on would-be terrorists and/or the public, but so far, it hasn't officially stated anything to that effect.
<br /><br />
Despite the lack of official statement, it still looks as if the STM simply wants to shut down something that represents its station but adds guns to the mix. Government entities are quick to shy away from anything controversial in the War on Terrorism age, and the STM seems to be no exception. There's a point to Liatis' efforts, but it's likely to be buried under a hefty fine and accompanying lawsuit as he shows no signs of backing down. It's a costly game of chicken and the end result may be nothing more than another footnote in case law reasserting the "right" of public entities to claim copyright protection on publicly accessible areas in order to prevent "misuse" by ordinary citizens.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130225/18074022109/despite-threat-50000-fine-montreal-designer-plans-to-release-more-real-world-counter-strike-maps.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130225/18074022109/despite-threat-50000-fine-montreal-designer-plans-to-release-more-real-world-counter-strike-maps.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130225/18074022109/despite-threat-50000-fine-montreal-designer-plans-to-release-more-real-world-counter-strike-maps.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>if-at-first-you-don't-get-sued,-try,-try-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130225/18074022109</wfw:commentRss>
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<pubDate>Mon, 4 Mar 2013 11:45:00 PST</pubDate>
<title>Bizarre Legal Threat Of The Day: Confused Zoo Owner Threatens Popehat Over... Well... Just Read It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130302/02092222176/bizarre-legal-threat-day-confused-zoo-owner-threatens-popehat-over-well-just-read-it.shtml</link>
<guid>http://www.techdirt.com/articles/20130302/02092222176/bizarre-legal-threat-day-confused-zoo-owner-threatens-popehat-over-well-just-read-it.shtml</guid>
<description><![CDATA[ Almost exactly three years ago, we wrote about a ridiculous situation down in Louisiana, where the "Global Wildlife Center" was able to get a judge to <a href="http://www.techdirt.com/articles/20100304/1244358419.shtml">issue an injunction</a> against an obviously satirical site that had written an obviously satirical article about "killer giraffes" and a "recent attack" at the Center.  The article was poking fun at recent violent attacks at other zoos, normally involving animals like tigers and bears.  It was amazing that a court issued the injunction, and thankfully, less than two weeks later, the injunction was <a href="http://www.techdirt.com/articles/20100316/1122238583.shtml">removed</a> and GWC was told to pay the legal costs for the site.  And that was the last that we had heard of the Global Wildlife Center... until now.
<br /><br />
On Friday, the Center's President apparently <a href="http://www.popehat.com/2013/03/01/in-which-i-am-threatened-with-litigation-including-lengthy-dispositions/" target="_blank">threatened to sue lawyer Ken White, better known as Popehat</a>, defender of internet free speech.  You see, Popehat had <a href="http://www.popehat.com/2010/03/04/and-the-zookeeper-is-very-fond-of-dumb/" target="_blank">covered the original story</a> too, and for some reason, the President, Ken Matherne, isn't too happy about that (even though it's three years later).  Perhaps it was this tidbit in Popehat's original post (which was actually quoted from a local news site):
<blockquote><i>
In addition to filing this lawsuit, via email Global Wildlife Foundation president Ken Matherne threatened to file criminal charges, FCC charges, fraud charges, an IRS complaint, a governor&#8217;s office complaint, and a federal lawsuit against Brilleaux. Matherne&#8217;s email did not explain any basis for the additional threats.
</i></blockquote>
If that gives you a sense of Matherne's grasp on basic legal concepts, and his willingness to assume that he can use all sorts of totally unrelated laws against people he doesn't like, well, you're just getting a tiny little sense of what Popehat went through on Friday.  You kind of have to read the whole thread on Popehat to get the full effect, because each time you think "this can't possibly get more ridiculous," it does exactly that.  Assuming Matherne really did send the emails in question, he would appear to have almost as much trouble with the English language as he does with the legal concepts he uses to threaten White.  Here's a snippet from the first email:
<blockquote><i>
My last case to decide the Apple vs Microsoft case. I am not joking &#8211; you can send this email to the judge and soon as I file suit. I will ask you as I asked that kid to take it down, if you think your malice to to our Foundation is free speech &#8211; let&#8217;s get real lawyers and hosted judges to find out! It scared teachers, parents and the general public. They were canceling trips, it was malicious, and the evidence given to court was a fraud. I did not say anything at the time. But, I think he would get dis-board by the falsified documents he presented to the judge. His father was a friend or I would have had he dis-board.
<br /><br />
Everyone will see the truth of you and your boyfriends. You can print this &#8211; You do not have a clue what you did to damage my foundation I created for my daughter. And when you wake up in the morning &#8211; hoping you have kids- I want you to think about what you have done. Your site has done more damage than the issue and my guys think your damages will be worse the any free speech issue. And we are ready!
<br /><br />
We are going to dp this all legal &#8211; get ready &#8211; I will have one of your partners, associates , friends , spouses, in dispositions for the at least the next 6 &#8211; 12 months. Minimum &#8211; 1 lawsuit lasted 12.7 years, the next only 6 . I have the means &#8211; so write me back or get ready. This again is no threat. Simply a promise. It is no longer about what the kid did &#8211; it is about what your company did! And I promise you we will win = you have damaged my daughters trust for at least 50 years. You are about to meet the best attorneys on the planet.
</i></blockquote>
There's also a discussion about Matherne's belief that White is apparently a dope smoking drug fiend who is having sexual relations with the partners at his law firm (or maybe on Popehat, it's not clear).  White, quite calmly, asks Matherne if there was anything specific in the original post that he felt was a false statement of fact, and offered to review such claims and "make adjustments to the post if appropriate."  Matherne's response was to just demand that the original Popehat article was taken down "or believe I will do everything for my daughter that you would do for your children !"
<br /><br />
And then it got wacky.
<blockquote><i>
Just send me you attorney of record &#8211; you will not hurt my daughter &#8211; I do not care what it cost ! Ken It was a BS move &#8211; and I appreciate that you do that for the best of people &#8211; but you always know our kids are first &#8211; and I don't care how many $ it takes &#8211; my daughter will not live with this &#8211; so I will ask you one more time to pull this down &#8211; as a gentleman &#8211; or I will come to you! My airplane is only 10k an hour &#8211; have more cash &#038; Gold in the bank than you can imagine &#8211; but if you hurt my daughter through this &#8211; my executives has all authority to go until all is done &#8211; I only have 1 daughter and it breaks her heart to see this! I would not do this to you or your family! 
</i></blockquote>
I really love this line: "My airplane is only 10k an hour &#8211; have more cash &#038; Gold in the bank than you can imagine."
<br /><br />
White points out, in response, that he is still waiting for any specific inaccuracies, and notes that he's willing to speak to any attorney representing Matherne -- to which Matherne initially sent a simple "Game on!" email, followed by this (not the full email, which has more where this came from):
<blockquote><i>
Get your check book out &#8211; and unless you can buy every judge to the State Supreme Court &#8211; you will pay damages = not about freedom of speech &#8211;<br />
Oh, And I will follow up with everything I said I would do. Ken White, You better have an attorney or get one .
<br /><br />
Cannot wait to meet you &#8211; You are and I can &#8220;quote again&#8221; a piece of shit! You do a disservice to mankind. I hope the judge we come before understands what a parasite you are and does not want his kids or grandchildren to be exposed to someone like you!
<br /><br />
And I do not care about are inaccuracies about was said or texted. You are wrong and you are libel. Again, I do not lose lawsuits, and I do not think to can pay off the judges!
</i></blockquote>
If I'm reading this right, and I believe that I am, Matherne is not only threatening to take White to court under some ridiculous legal theories, but he is flat out admitting that he does "not care" about "inaccuracies."  He also seems to be admitting throughout that he's doing this to tie White up in court.  I would imagine that if this ever actually got to a court and wasn't thrown out immediately, these admissions would not help his case very much.
<br /><br />
Randomly, out of curiosity, I went to check out the website for the Global Wildlife Foundation, and discovered that if you have Javascript turned off, you can see that they've got a <i>ton</i> of "payday loans" spam links hidden on their page.  Either they've been hacked or they're selling link spam.  Maybe they should take care of that before issuing bogus legal threats trying to censor a lawyer known for vocally defending the First Amendment.
<center>
<a href="http://imgur.com/qhhTX5R"><img src="http://i.imgur.com/qhhTX5R.png" width=560 /></a>
</center><br /><br /><a href="http://www.techdirt.com/articles/20130302/02092222176/bizarre-legal-threat-day-confused-zoo-owner-threatens-popehat-over-well-just-read-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130302/02092222176/bizarre-legal-threat-day-confused-zoo-owner-threatens-popehat-over-well-just-read-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130302/02092222176/bizarre-legal-threat-day-confused-zoo-owner-threatens-popehat-over-well-just-read-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i-don't-think-it's-legal-help-that-he-needs</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130302/02092222176</wfw:commentRss>
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<pubDate>Mon, 25 Feb 2013 11:46:00 PST</pubDate>
<title>Non-profit Responds To Threatened Lawsuit From Ferrari By 'Remaking' Video To Hide The Ferrari</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130224/22430522090/non-profit-responds-to-threatened-lawsuit-ferrari-remaking-video-to-hide-ferrari.shtml</link>
<guid>http://www.techdirt.com/articles/20130224/22430522090/non-profit-responds-to-threatened-lawsuit-ferrari-remaking-video-to-hide-ferrari.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/user/quurth">Q&ucirc;r Tharkasd&oacute;ttir</a> writes in to let us know that luxury automobile maker Ferrari is allegedly threatening to sue Swiss NGO Solidar (actually a <a href="http://en.wikipedia.org/wiki/Solidar" target="_blank">network of NGOs focused on social justice</a>) for daring to use a Ferrari in their recent commercial that appears to be making fun of rich bankers.  The original is <a href="http://www.youtube.com/watch?v=1tfRbb6exeU" target="_blank">here</a> (for now, at least):
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/1tfRbb6exeU" frameborder="0" allowfullscreen></iframe>
</center>
In response, Solidar has released an updated version of the commercial in which, they've made a small change.  See if you can <a href="http://www.youtube.com/watch?v=qhq6XSBthMU" target="_blank">spot it</a>:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/qhq6XSBthMU" frameborder="0" allowfullscreen></iframe>
</center>
Just in case you can't see the videos, here are two screenshots.  First from the original video:
<center>
<a href="http://imgur.com/H74pYgF"><img src="http://i.imgur.com/H74pYgF.png" width=560 /></a>
</center>
And here's the "new" version.  You might spot the change.
<center>
<a href="http://imgur.com/Qf25p6z"><img src="http://i.imgur.com/Qf25p6z.png" width=560 /></a>
</center>
You'd think that a brand like Ferrari would know better than to threaten a group focused on increasing social justice around the globe.  There's no way that argument ends well for Ferrari -- even if they "win."<br /><br /><a href="http://www.techdirt.com/articles/20130224/22430522090/non-profit-responds-to-threatened-lawsuit-ferrari-remaking-video-to-hide-ferrari.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130224/22430522090/non-profit-responds-to-threatened-lawsuit-ferrari-remaking-video-to-hide-ferrari.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130224/22430522090/non-profit-responds-to-threatened-lawsuit-ferrari-remaking-video-to-hide-ferrari.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-solidar-hits-back</slash:department>
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<pubDate>Wed, 20 Feb 2013 05:44:55 PST</pubDate>
<title>Armed UK Police Raid House Over Facebook Picture Showing Toy Weapon In Background</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml</link>
<guid>http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml</guid>
<description><![CDATA[ <p>One of the reasons Techdirt rails against exaggerated responses to supposed terrorist threats is that it has caused police forces around the world to lose all sense of proportion -- literally, in the case of this UK story from the Daily Mail.
</p><p>
It began when Ian Driscoll decided to post a picture to his Facebook page.  It was of <a href="http://www.dailymail.co.uk/news/article-2278111/Operation-overkill-Armed-cops-swoop-Action-Man-looking-mortar-owner-posts-picture-TOY-weapon-Facebook.html">an Action Man doll, accompanied by a toy Alsatian dog</a>.  Why? you might ask.  Well, "as a laugh", he says, because the Action Man figure looked a lot like him, and he had a real Alsatian -- which sounds entirely reasonable.  What Driscoll did not note at the time, though, was that lurking in the background of the picture was another toy: a model mortar.
<center>
<a href="http://imgur.com/aJlCdsS"><img src="http://i.imgur.com/aJlCdsS.jpg" width=400 /></a>
</center>
Unfortunately, a few weeks later, someone else spotted that toy mortar and, mindful of the incessant UK government propaganda about terrorists being everywhere, duly over-reacted and reported the image.  Even more unfortunately, the police also over-reacted -- to the extent of sending five officers, two armed with sub-machine guns (and you thought they didn't carry them in the UK), ready to smash down Driscoll's front door and go in with guns blazing against this supposed terrorist cell.
</p><p>
Luckily, Driscoll was there, and was able to defuse the situation by showing them the mortar in question. He was able to point out that it was in fact only slightly larger than the nearby Playstation that was clearly visible in the snap he had posted, and considerably smaller than the table that was also prominent in the Facebook picture.  He might even have pointed out that the figure and dog in his upload were quite obviously toys to anyone who spent more than three seconds examining the picture.  The police had presumably decided not to waste those precious three seconds before acting.  Instead, as a spokesperson later said:

<i><blockquote>'We are sure that the community would rather we acted quickly on information given to us of this nature, in case it had turned out to be a weapon.'</blockquote></i>

Well, no, actually: what the community would really like is for the police to use some intelligence before reaching for the sub-machine guns.  If they had just stopped and looked carefully at the picture, it would have been evident that there was no possible threat here.  And that's likely to be the case for many other incidents around the world where the police have assumed the worst.  
</p><p>
That not only represents a huge waste of their valuable time and resources, it also perpetuates the corrosive idea that we should be constantly afraid and ready to report anything and anyone odd or vaguely suspicious, no matter how absurd it would seem to anyone looking at things rationally.  This then creates a self-sustaining loop of public fear and police over-reaction.  It's time to scale the rhetoric back, and to make common-sense judgments common again.
</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/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let's-get-rational</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130219/09591822028</wfw:commentRss>
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<pubDate>Thu, 7 Feb 2013 11:43:55 PST</pubDate>
<title>Teri Buhl Threatens To Sue Us And Others; Still Seems Confused About The Law</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130207/10425321911/teri-buhl-threatens-to-sue-us-others-still-seems-confused-about-law.shtml</link>
<guid>http://www.techdirt.com/articles/20130207/10425321911/teri-buhl-threatens-to-sue-us-others-still-seems-confused-about-law.shtml</guid>
<description><![CDATA[ I had kind of thought that after we posted our <a href="http://www.techdirt.com/articles/20130205/11093021889/teri-buhl-responds-to-our-story-still-confused-about-internet-law.shtml">response</a> to Teri Buhl, who got upset about our <a href="http://www.techdirt.com/articles/20130203/18510621869/investigative-journalist-claims-her-public-tweets-arent-publishable-threatens-to-sue-blogger-who-does-exactly-that.shtml">original article</a> about her whacko claims that her publicly posted tweets could not be quoted, that the story would hopefully fade away.  However, this morning, Jim Romenesko, who allowed Buhl to <a href="http://jimromenesko.com/2013/02/05/teri-buhl-responds-to-techdirts-post/" target="_blank">"respond"</a> to us via his blog, has published another story noting that the thanks he received from Buhl is that she is <a href="http://jimromenesko.com/2013/02/07/teri-buhl-threatens-to-sue-over-photo-use/" target="_blank">threatening to sue him</a>.  Lovely.  Oh yeah, and in her communication with Romenesko, she apparently told him she's planning to sue us at Techdirt, too (which, by the way, is the first we've heard of this):
<blockquote><i>
<p>Today, Buhl is threatening to sue me for using the photo from her Twitter page. She says she owns the image and never gave me or others permission to publish it. She adds that she's going to file a small claims suit against Mark Bennett and Techdirt for keeping the photo on their sites after being told to take it down. </p>
<p>"I don't want add you the same list [sic]," she writes. "I'm asking Poynter and Knight to do the same thing today before I file."</p>
<p>My response to her: "Really, Teri?"</p>
<p>She replied:</p>
<blockquote><p>yes really Jim &#8211; I am going to push it. It's a matter a principle I am sick of other publications lifting other jurnos ideas, photos, words etc&#8230; and printing them on their publications with out permission or proper credit with links etcc. I think it's an issue that should have been challenged a long time ago. I took the photo I own it etc&#8230;
</p></blockquote>
</i></blockquote>
Of course, in our last post on the subject, we suggested that Buhl acquaint herself with fair use rules.  It would appear that she has chosen not to do that.   We did not "lift" her "ideas, photos, words."  We <i>reported</i> on her actions and statements.
<br /><br />
It also appears that she has not familiarized herself with the nature of copyright law, and the fact that small claims courts <i>have no jurisdiction</i> over copyright issues.  Not that I should be doing the legal work the lawyer she claims to have contacted failed to do, but <a href="http://www.law.cornell.edu/uscode/text/28/1338" target="_blank">28 USC 1338</a> notes:
<blockquote><i>
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. <b>No State court shall have jurisdiction</b> over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or <b>copyrights</b>. 
</i></blockquote>
This is kind of basic stuff.
<br /><br />
Amusingly, just a few weeks ago, we wrote about the Copyright Office <a href="http://www.techdirt.com/articles/20121205/23325421252/proposed-copyright-small-claims-court-may-have-bigger-impact-than-dmca.shtml"><i>exploring</i></a> the idea of setting up a small claims court for copyright.  But, as of right now, it does not exist.
<br /><br />
And, even <i>if</i> we ignored that pesky bit of information, we've still got the fair use hurdle, which she can't get past.  She claims "I took the photo I own it etc."  Except, it's not that simple.  If she took the photo, she <i>might</i> hold the copyright on certain elements of the photo -- but that is not the same as "owning" the entire photo and being able to block any and all uses of it.  This is another thing any lawyer would hopefully explain to her.  Our use of the photo, to show the key point of contention that led to the story (her claiming via her Twitter profile, incorrectly, that no one could quote her Twitter feed), was clearly for the purpose of reporting on her claims.  Suing us, Bennett (a lawyer) or Romenesko would not likely go well for Buhl who seems very focused on bluster, with little legal basis to back it up.  We could go through a very, very, very long list of case law and the actual text of copyright law that shows that what we did is absolutely reasonable and protected action, but I guess we'll save it for this "lawsuit" should it ever actually be filed.
<br /><br />
Oh, and one more thing.  In the comments on the Romenesko post, she makes this rather incredible statement:
<blockquote><i>
how about this - no one who wrote about this little debate has bothered to call an experienced copyright lawyer and get a comment. I did before I wrote Jim. 
</i></blockquote>
This is actually wrong on so many levels.  The <a href="http://www.techdirt.com/articles/20130203/18510621869/investigative-journalist-claims-her-public-tweets-arent-publishable-threatens-to-sue-blogger-who-does-exactly-that.shtml"><i>initial story</i></a>, involving her original claims, included "experienced copyright lawyer" Marc Randazza noting that her claims were "moronic."  However, for her edification, this morning I reached out to three more "experienced copyright lawyers" who agreed that she doesn't seem to understand the law, on a whole variety of levels, as we discussed in our response to her many attempts to contact us, and as explained above.
<br /><br />
In the meantime, Mark Bennett, who wrote the original post that kicked this whole thing off, has been doing a nice job <a href="http://blog.bennettandbennett.com/2013/02/teri-buhl-followup-libelno-wait-copyright.html" target="_blank">cataloging the ever-changing legal theories</a> that Buhl keeps tossing out there -- none of which have much basis in reality:
<ol><i>
<li>That republishing tweets designated "not for publication" can be the basis for a lawsuit.</li>
<li>That she hadn't written the tweets I republished ("Mark did you fact check my twitter feed to make sure I tweeted what you published?").</li>
<li>That I libeled her.</li>
<li>That retweeting "protected" tweets can be the basis for a lawsuit ("I think the question is if tweets are protected are they public").</li>
<li>That republishing her tweets violates her copyright.</li>
<li>That republishing her background photo violates her copyright.</li>
</i></ol>
As he notes: "Changing theories is always a good indication that the person threatening a lawsuit has no good reason to sue: if you have a reason to file suit, you know it."  
<br /><br />
So, once again, Ms. Buhl might want to think carefully before proceeding with any planned legal action against us or others.  Contrary to her stated opinion, these are not unsettled matters, nor is the law in her favor.  Similarly, she might want to recognize that, once proven wrong, digging in and making further claims is not a productive course of action.  Sometimes it's okay to admit that you were wrong, and to let it go.<br /><br /><a href="http://www.techdirt.com/articles/20130207/10425321911/teri-buhl-threatens-to-sue-us-others-still-seems-confused-about-law.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130207/10425321911/teri-buhl-threatens-to-sue-us-others-still-seems-confused-about-law.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130207/10425321911/teri-buhl-threatens-to-sue-us-others-still-seems-confused-about-law.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>some-free-advice</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130207/10425321911</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 6 Feb 2013 12:31:46 PST</pubDate>
<title>North Korea Threatens To Nuke US With Copied Video Game Footage</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130206/10392021893/north-korea-threatens-to-nuke-us-with-copied-video-game-footage.shtml</link>
<guid>http://www.techdirt.com/articles/20130206/10392021893/north-korea-threatens-to-nuke-us-with-copied-video-game-footage.shtml</guid>
<description><![CDATA[ If you happened to check your favorite major news site in the past 24 hours, you probably already know about this <a href="http://www.youtube.com/watch?v=9FbmmsDYObU">incredibly strange video</a> North Korea's state media has been running, in which a peacefully sleeping Korean man dreams of a nuclear rocket detonating on American soil while Korean text is overlayed and Michael Jackson's "We Are The World" plays in the background.
<center>
<p>
<iframe allowfullscreen="" frameborder="0" height="315" src="http://www.youtube.com/embed/9FbmmsDYObU" width="560"></iframe><br />
<span style="font-size:10px;">Awww, we think about you when we're dreaming, too, you guys!</span></p>
</center>
<p>
Now, since I can't translate Korean, I can only assume the text amounts to some kind of assertion that Michael Jackson was taken long before his time by a massive American military plot and that a nuke up our rectums will be issued as retribution. Really, who can tell? But I'll tell you what I can translate, and that's video game footage. I say this because it turns out that North Korea, in the tradition of the <a href="http://www.techdirt.com/articles/20110130/01170412887/chinese-tv-station-tried-passing-off-top-gun-footage-as-training-exercises.shtml">Chinese</a> Air Force, apparently decided to <a href="http://www.forbes.com/sites/insertcoin/2013/02/05/north-korea-threatens-missile-attack-on-us-using-modern-warfare-3-footage/">simply yank a bunch of nuke footage from Modern Warfare 3</a> to use in this wonderfully disturbing bit of propaganda. This <a href="http://www.forbes.com/sites/insertcoin/2013/02/05/north-korea-threatens-missile-attack-on-us-using-modern-warfare-3-footage/">side by side</a> will show you the rip.</p>
<center>
<iframe allowfullscreen="" frameborder="0" height="315" src="http://www.youtube.com/embed/v3Fo6CT7q40" width="560"></iframe></center>
<p>
Essentially, that terribly frightening part where New York is ablaze is all from MW3, with an additional explosion or two added along side a grainy filter and 'Ol Glory. For most normal people in The States, their reaction to this is probably, "So what?" But I know Techdirt readers aren't all in the States, nor are they normal, so I'm sure amongst your first thoughts was, "Hey! That's copyright infringement!" Well, the Forbes post got our juices flowing with this:
<blockquote>
<i>UPDATE: Activision actually DID have it killed, which is sort of hilarious.</i></blockquote>
America! So mark today as the day that copyright saved us all...  And you people say we never have anything good to say about...  Oh, wait...  it turns out that the original video was actually <a href="http://www.youtube.com/watch?v=HKWJSKYBDXE&#038;list=UUknqqNd3-joIjWzf1Jn4oVQ&#038;index=14" target="_blank">taken down by the user who uploaded it</a> (i.e., whatever North Korea's version of Ronaiah Tuiasosopo is), so it wasn't so much a victory for America! as it was a failure of America!'s media fact-checking efforts.</p><br /><br /><a href="http://www.techdirt.com/articles/20130206/10392021893/north-korea-threatens-to-nuke-us-with-copied-video-game-footage.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130206/10392021893/north-korea-threatens-to-nuke-us-with-copied-video-game-footage.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130206/10392021893/north-korea-threatens-to-nuke-us-with-copied-video-game-footage.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-is-that-infringement?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130206/10392021893</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 18 Jan 2013 06:42:04 PST</pubDate>
<title>On This Internet Freedom Day, Download A Free Book: On Internet Freedom</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130117/14443921717/this-internet-freedom-day-download-free-book-internet-freedom.shtml</link>
<guid>http://www.techdirt.com/articles/20130117/14443921717/this-internet-freedom-day-download-free-book-internet-freedom.shtml</guid>
<description><![CDATA[ Lawyer Marvin Ammori has had an uncanny knack for being deeply involved in a few key battles for internet freedom over the years, including the SOPA fight last year.  As today is the one year anniversary of the big January 18th blackout that effectively killed SOPA/PIPA -- a day many are calling <a href="http://www.techdirt.com/articles/20130117/15210821719/infographic-celebrating-internet-freedom-day-anniversary-sopapipa-protests.shtml">"Internet Freedom Day"</a> -- Ammori has put together a <a href="http://www.amazon.com/dp/B00B1MQZNW/ref=cm_sw_r_tw_ask_1ufxE.0B1457G" target="_blank">fantastic Kindle Single (i.e., short ebook) entitled <i>On Internet Freedom</i></a>.  Just for Internet Freedom Day, the book is available free.  If you don't have a Kindle device, but do have a smartphone/tablet, you can still download it today for free and then read it whenever you get around to it.  Ammori shared a draft copy with me, and it's a very worthwhile read.  Not only does it discuss a variety of battles concerning internet freedom, it pulls them all together to look at why these battles are happening... and why they're going to continue.  As such, it's an important book for people to read to understand some of the larger issues at play, and why we need to continue to be vigilant in making sure the internet remains free and open.  If you don't pick up your free copy today -- or if you just want to support some good causes -- after today the ebook will still be available for $4.99, with all of the profits being donated to Demand Progress and Fight for the Future, two of the leading activist groups fighting on these issues.
<center>
<a href="http://www.amazon.com/dp/B00B1MQZNW/ref=cm_sw_r_tw_ask_1ufxE.0B1457G"><img src="http://i.imgur.com/Kvv6q.jpg" title="Hosted by imgur.com" alt="" /></a>
</center><br /><br /><a href="http://www.techdirt.com/articles/20130117/14443921717/this-internet-freedom-day-download-free-book-internet-freedom.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130117/14443921717/this-internet-freedom-day-download-free-book-internet-freedom.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130117/14443921717/this-internet-freedom-day-download-free-book-internet-freedom.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>enjoy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130117/14443921717</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 19 Dec 2012 13:57:44 PST</pubDate>
<title>Victoria's Secret Doesn't Want To Be Associated With A Campaign About Respecting Women, Issues Takedown</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121219/03142021435/victorias-secret-doesnt-want-to-be-associated-with-campaign-about-respecting-women-issues-takedown.shtml</link>
<guid>http://www.techdirt.com/articles/20121219/03142021435/victorias-secret-doesnt-want-to-be-associated-with-campaign-about-respecting-women-issues-takedown.shtml</guid>
<description><![CDATA[ The EFF has a post up about how Victoria's Secret sent a legal nastygram to an ISP <a href="https://www.eff.org/deeplinks/2012/12/i-see-london-i-see-france" target="_blank">taking down a parody campaign</a> by an anti-rape organization, FORCE, called <a href="http://pinklovesconsent.com/" target="_blank">Pink Loves Consent</a>.   The campaign was a parody designed to raise awareness of these issues, by mocking Victoria's Secret's "PINK" line of clothing, that includes underwear that says things like "sure thing" and "unwrap me."  The parody campaign replaced those with things like "ask first" and "respect."  The page showed what Victoria's Secret <i>could</i> have done to put forth a more positive, more respectful message... and the company's response was to go straight to the hosting company and demand the site be taken down (which it was, though they found a new host who was willing to put it back up).  Parody is a key element of free speech -- and issuing a takedown over this seems like a pretty clear attempt to stifle free speech.  And, really, it just makes Victoria's Secret look really, really obnoxious.  Were its lawyers really so offended by positive messages, rather than pure sexual objectification?<br /><br /><a href="http://www.techdirt.com/articles/20121219/03142021435/victorias-secret-doesnt-want-to-be-associated-with-campaign-about-respecting-women-issues-takedown.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121219/03142021435/victorias-secret-doesnt-want-to-be-associated-with-campaign-about-respecting-women-issues-takedown.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121219/03142021435/victorias-secret-doesnt-want-to-be-associated-with-campaign-about-respecting-women-issues-takedown.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-respect</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121219/03142021435</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 18 Dec 2012 07:10:05 PST</pubDate>
<title>BPI Threatens To Sue UK Pirate Party Leaders Personally Due To Internet Proxy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121217/00554521400/bpi-threatens-to-sue-uk-pirate-party-leaders-personally-due-to-internet-proxy.shtml</link>
<guid>http://www.techdirt.com/articles/20121217/00554521400/bpi-threatens-to-sue-uk-pirate-party-leaders-personally-due-to-internet-proxy.shtml</guid>
<description><![CDATA[ With the BPI (the UK equivalent of the RIAA) successfully getting access to The Pirate Bay blocked via many UK ISPs, it's apparently turned its quixotic sights to the UK Pirate Party for daring to set up a proxy -- as if there aren't hundreds, if not thousands, of other existing proxies out there, and plenty of ways for people to get to the site if they really want to.  And, rather than just threaten legal action against the Pirate Party UK (PPUK), the BPI has lovingly sent threat letters to six members of the PPUK National Executive, suggesting that it is ready to <a href="http://torrentfreak.com/music-industry-threatens-to-bankrupt-pirate-party-members-121215/?utm_source=dlvr.it&utm_medium=twitter" target="_blank">sue each of them <i>personally</i></a>.  The BPI is claiming that it <i>has</i> to do this, since it can't sue the party directly, and apparently takes offense at some claims that this is an attempt to bankrupt the leaders of the PPUK.  Of course, that's hogwash.  Being threatened with a personal lawsuit -- especially by an organization that represents a group of multinational, multibillion dollar companies -- is, without question, a threat of being bankrupted.  The BPI does have another choice: give up this silly game of whac-a-mole, stop trying to censor the internet, and teach its member companies how to adapt with new and smarter business models.  But, apparently, it's easier to bankrupt your critics.<br /><br /><a href="http://www.techdirt.com/articles/20121217/00554521400/bpi-threatens-to-sue-uk-pirate-party-leaders-personally-due-to-internet-proxy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121217/00554521400/bpi-threatens-to-sue-uk-pirate-party-leaders-personally-due-to-internet-proxy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121217/00554521400/bpi-threatens-to-sue-uk-pirate-party-leaders-personally-due-to-internet-proxy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wac-wac-wac'ing-that-mole</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121217/00554521400</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 13 Dec 2012 03:20:00 PST</pubDate>
<title>Anti-Piracy Group Demanding -- And Getting -- Domain Names From Torrent Sites</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121211/00445121345/anti-piracy-group-demanding-getting-domain-names-torrent-sites.shtml</link>
<guid>http://www.techdirt.com/articles/20121211/00445121345/anti-piracy-group-demanding-getting-domain-names-torrent-sites.shtml</guid>
<description><![CDATA[ Remember when Righthaven used to demand the URLs of sites it accused of infringement, based on nothing but wishful thinking?  Apparently the UK "anti-piracy" group FACT has taken that to a new level, reaching out to numerous sites it believes are guilty of encouraging infringement, and <a href="http://torrentfreak.com/hollywood-anti-piracy-group-takes-pirate-domains-to-avoid-prosecuting-121210/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">asking them to hand over their sites... or face a lawsuit</a>.  This is only slightly nicer than having the government come in and seize the domains, but barely.   Considering that FACT was the group that ran the <a href="http://www.techdirt.com/articles/20120820/01553920095/horrifying-surfthechannel-criminal-conviction-driven-hollywood-money-not-government.shtml">privately funded</a> lawsuit against SurfTheChannel's Anton Vickerman, it at least suggests that they might actually take various sites to court.  And, in response, many sites are just handing over the domains.  That's gotta be cheaper and easier than fighting, and that seems to be a  lot of what FACT is banking on.  Still, demanding a URL as a condition of not getting prosecuted really does seem like bullying activity that borders on extortion.  You'd think that FACT would have better things to do these days than go after websites it doesn't like with expensive threats.<br /><br /><a href="http://www.techdirt.com/articles/20121211/00445121345/anti-piracy-group-demanding-getting-domain-names-torrent-sites.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121211/00445121345/anti-piracy-group-demanding-getting-domain-names-torrent-sites.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121211/00445121345/anti-piracy-group-demanding-getting-domain-names-torrent-sites.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-little-site-you-have-there</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121211/00445121345</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 15 Nov 2012 13:48:19 PST</pubDate>
<title>Latest Company To Discover The Streisand Effect: Casey Movers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121115/02262421053/latest-company-to-discover-streisand-effect-casey-movers.shtml</link>
<guid>http://www.techdirt.com/articles/20121115/02262421053/latest-company-to-discover-streisand-effect-casey-movers.shtml</guid>
<description><![CDATA[ Earlier this year, I was at a conference where there was an entire presentation on <a href="http://en.wikipedia.org/wiki/Streisand_effect" target="_blank">The Streisand Effect</a>.  Considering I first came up with the term and have chronicled it over the years (and had already been asked to speak on a different topic at the conference), I offered to help out with that session -- and got back no response.  I went to the session to watch, and it was a really fun session, which didn't need any help from me at all.  It was done by Conrad Saam, who works for Urban Spoon (and previously Avvo) and had a ton of great examples of the Streisand Effect and the impact on online reputation management.  One element of online reputation management that he'd discussed, which I hadn't paid as much attention to, was the basics on how to deal with online reviews -- with a specific focus on Yelp.  There were some dos and donts... and two key things <b>not</b> to do were (1) threaten people who write negative reviews and (2) post fake positive reviews.
<br /><br />
Phil Buckley has a story of a Massachusetts-based moving company, called Casey Movers, which appears to have violated both of those rules, starting with a <a href="http://www.1918.com/casey-movers-threatens-lawsuit-over-bad-yelp-review/" target="_blank">legal threat to Buckley's wife</a> concerning a <a href="http://www.yelp.com/biz/casey-movers-rockland#hrid:hBp-TeiAHmu710xjoTTjsw" target="_blank">negative review</a> she had written about Casey Movers 18 months ago, after her parents had a very bad experience with the company.  It first took the company over a year to even notice the review and then post a weak defense of its practices.  It didn't respond to any of the specific complaints about unprofessional behavior or broken promises.  It only focused on the amount that the company had been willing to pay for damages, and gave a somewhat "technical" response about how this was what the "insurance option" she chose provided -- and even could be read as scolding her for not choosing the more expensive insurance option.
<br /><br />
And yet... five months later (18 months after the original complaint went up), the same guy who wrote that bizarre defense sends a threat letter saying that the company is prepared to sue for libel if the review isn't removed:
<center>
<a href="http://imgur.com/uUoev"><img src="http://i.imgur.com/uUoev.png" width=560 /></a>
</center>
Of course, rather than having the intended effect, it just made Buckley furious (and quite reasonably so).  Buckley had no interest in removing the review, but rather than just telling Casey Movers to pound sand, he <i>started investigating</i>.  He found a variety of other negative reviews... but <i>also</i> a large number of reviews that had significant circumstantial evidence that the company was likely posting fake positive reviews (or had hired a company to do so).  It's fun to watch the investigation progress, so it's worth reading the whole thing, but here's a snippet:
<blockquote><i>
Someone decided enough was enough and decided to get some good reviews at CitySearch where they now have a majority of good reviews, except there&#8217;s a problem, they&#8217;re not real reviews. You may ask how I can say that with so much confidence? Go look at them yourself, one after another&#8230; notice how most names are generic or don&#8217;t have a human photo? Yes that&#8217;s level 1 of suspicious reviews. Start looking at the reviews the &#8220;people&#8221; have left. It&#8217;s quite a coincidence that so many people who have used a Boston moving company have also loved a sprinkler repair guy in Anaheim, California and Fun Hawaii Travel out of Honolulu.
<br /><br />
They also have a flurry of activity in August of 2012 &#8211; Aug 1, 2, 6, 7, 9, 11, 12, 14. That seems a bit sketchy as well.
</i></blockquote>
His investigation also turned up that the company had been posting images of positive review letters that some customers had signed, but in doing so, revealed all their private info.  Buckley contacted a few who seemed surprised and said that they had not provided permission to reveal their private info.
<br /><br />
For a while, Casey Movers and the main representative of the company involved in all of this, Matthew Overstreet, basically ignored Buckley.  But as his story kept getting more attention, Overstreet finally reached out to Buckley -- and again just kept focusing on the "insurance coverage," a relatively minor issue (made even more minor following the ridiculous threat of a libel lawsuit).  Eventually, Overstreet called Buckley on Wednesday night and seemed to indicate that there wasn't any interest in actually suing, though he refused to promise not to sue Buckley's wife.
<br /><br />
Either way, the whole story is yet another fun one to include in the long list of companies who get on the wrong side of the Streisand Effect.  Going beyond that, it really shows how a bogus legal threat can lead to not just backlash and attention, but <i>also</i> much deeper investigations into whoever originated the threat -- and that might turn up other questionable activity, such as posting likely fake positive reviews to try to counter the real negative reviews.  Oops.<br /><br /><a href="http://www.techdirt.com/articles/20121115/02262421053/latest-company-to-discover-streisand-effect-casey-movers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121115/02262421053/latest-company-to-discover-streisand-effect-casey-movers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121115/02262421053/latest-company-to-discover-streisand-effect-casey-movers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-not-to-internet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121115/02262421053</wfw:commentRss>
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<item>
<pubDate>Tue, 13 Nov 2012 14:29:43 PST</pubDate>
<title>'Revenge Porn' Site Owners Escalate Their Failure, Going From Bogus DMCA Notices To Bogus Legal Threats</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121112/17111021024/revenge-porn-site-owners-escalate-their-failure-going-bogus-dmca-notices-to-bogus-legal-threats.shtml</link>
<guid>http://www.techdirt.com/articles/20121112/17111021024/revenge-porn-site-owners-escalate-their-failure-going-bogus-dmca-notices-to-bogus-legal-threats.shtml</guid>
<description><![CDATA[ Apparently, Chance Trahan and Craig Brittain of "revenge porn" site Is Anybody Down are still busily working on their shovel-ready project "Digging Our Own Internet Graves." When we <a href="http://www.techdirt.com/articles/20121104/18515020927/dmca-censorship-revenge-porn-site-owner-tries-to-censor-criticism-with-bogus-takedown-notice.shtml" target="_blank">checked in last time</a>, the living proof that two heads are sometimes much, much worse than one had just served up a bogus DMCA notice in a weak effort to censor criticism.<br />
<br />
Needless to say, the criticism hasn&#39;t ceased and nothing has been taken down. In fact, the boys have moved past the DMCA process and have moved on to <a href="http://www.techdirt.com/articles/20121031/00071620891/marc-randazza-goes-to-war-against-revenge-porn-site-over-alleged-takedown-lawyer-business-model.shtml#c842">completely bogus legal threats</a> to us here at Techdirt, and a number of other sites as well.  As described by Popehat, who has received an identical threat, it appears that Trahan and Brittain have decided to dive right <a href="http://www.popehat.com/2012/11/11/update-on-is-anybody-down-investigation-and-bumptious-legal-threats-from-craig-brittain-and-chance-trahan/" target="_blank">into the always-entertaining "bumptious legal threat" arena</a>.
<blockquote>
<i>Craig and Chance are now resorting to legal threats. One of them &mdash; probably Craig &mdash; has left two <a href="http://www.popehat.com/2012/11/09/regarding-the-popehat-signal-you-people-are-awesome/#comment-913666" target="_blank">identical</a> <a href="http://www.popehat.com/2012/11/04/craig-brittain-of-is-anybody-down-tries-to-get-popehat-posts-about-him-taken-down-under-dmca/comment-page-3/#comment-913669" target="_blank">threats</a> here, as well as at <a href="http://adamsteinbaugh.com/2012/11/09/synopsis-of-involuntary-porn-site-isanybodydown-com/#comment-275" target="_blank">Adam&#39;s blog</a>, on <a href="http://en.wikipedia.org/w/index.php?title=Wikipedia:Articles_for_deletion/IsAnybodyDown?&#038;diff=522463475&#038;oldid=521916229" target="_blank">Wikipedia</a>, and <a href="http://www.youtube.com/watch?v=oR68gCul148&#038;lc=NDFvSL71tlnkWZaV_bq1pak1hCFoz2zq2b4e-Rp_gF0" target="_blank">on a satirical video by Captain Obvious</a>:</i>
<blockquote>
<i>"Be advised that these actions, your slander and screen shots can and will be used as key factors should a case be pursued against you. Your posting, advertising, marketing, dissipating and otherwise disseminating the slanderous materials constitute actionable violations of Mr. Trahan and Mr Brittain&#39;s rights of privacy and publicity."</i>
</blockquote></blockquote>
Adam refers to Adam Steinbaugh, who has been <a href="http://adamsteinbaugh.com/2012/11/09/synopsis-of-involuntary-porn-site-isanybodydown-com/#comment-275" target="_blank">recapping the ongoing Is Anybody Down saga</a> at his blog. This same "legal notice" has also been "served" to Is Anybody Down&#39;s Wikipedia page, which ironically enough is already slated for deletion. (Oh, and the Captain Obvious video is worth a watch, along with <a href="http://www.youtube.com/watch?v=6TE4ZLPCOQU" target="_blank">an earlier video</a> dealing with infamous legal threatener, Charles Carreon.) [Oh, and remind me to start a tumblr called "Slander and Screen Shots" when I get some free time.]<br />
<br />
Now, what did I say about starting a war of words with someone who knows <i>way</i> more words than you do? Ken at Popehat tears apart this latest missive from the overmatched duo, so that we don't have to:
<blockquote>
<i>This is a notably, remarkably stupid comment, even for an Internet Lawyer. First, slander is verbal; libel is written. Second, "be advised" is a reliable tell of an empty threat. Third, nobody is "marketing" anything; that sounds like an attempt to fabricate a copyright claim. All criticisms are non-commercial, making all quotes and screenshots fair use. Fourth, you gravel-knuckled troglodyte, you mean disseminating, not dissipating, and that word&#39;s already in the sentence. Fifth, Trahan and Brittain have no privacy or publicity rights to be free of criticism or satire, <a href="http://www.popehat.com/2011/10/02/just-how-demeaning-is-it-to-be-a-lawyer-just-ask-the-one-working-for-meghan-mccain/" target="_blank">however popular that approach is to would-be censors</a>.</i></blockquote>
This ongoing battle has all the hallmarks of a popcorn-worthy event (and it appears we now have a front row seat). On one side, you have respected and intelligent legal minds. On the other, two lugs who thought they could smarm their way into some easy money, only to find themselves neck-deep in a self-made hole. It appears their constant shouts for "MOAR SHOVEL!" very possibly won&#39;t be silenced until the dirt is well over their heads.&nbsp;<br /><br /><a href="http://www.techdirt.com/articles/20121112/17111021024/revenge-porn-site-owners-escalate-their-failure-going-bogus-dmca-notices-to-bogus-legal-threats.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121112/17111021024/revenge-porn-site-owners-escalate-their-failure-going-bogus-dmca-notices-to-bogus-legal-threats.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121112/17111021024/revenge-porn-site-owners-escalate-their-failure-going-bogus-dmca-notices-to-bogus-legal-threats.shtml?op=sharethis">Email This Story</a><br />
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<pubDate>Thu, 25 Oct 2012 14:36:49 PDT</pubDate>
<title>DOJ Hints At Additional Charges Against Kim Dotcom If He Launches Megabox</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121025/10250720827/doj-hints-additional-charges-against-kim-dotcom-if-he-launches-megabox.shtml</link>
<guid>http://www.techdirt.com/articles/20121025/10250720827/doj-hints-additional-charges-against-kim-dotcom-if-he-launches-megabox.shtml</guid>
<description><![CDATA[ There have been a bunch of stories over the past month or so about how Kim Dotcom is supposedly getting ready to launch a new service called Megabox.  We've purposely avoided such stories, mainly because they're pure hype and speculation for vaporware.  If he actually launches something then perhaps there's a story there.  Also, we're somewhat amazed (or possibly just amused) at Megaupload supporters who seem to already think that Megabox is an amazing idea, since the details reported about it certainly appear to be little different from <a href="http://arstechnica.com/business/2012/09/kim-dotcoms-megabox-music-service-or-malware/" target="_blank">garden variety malware</a>, injecting ads into other sites.  Either way, in a recent <a href="http://www.wired.com/threatlevel/2012/10/ff-kim-dotcom/all/" target="_blank">profile of Dotcom in Wired</a>, he talks a little more about the new plans, suggesting that it was something to keep them busy while fighting the lawsuit.
<br /><br />
That said, it appears that the Justice Department has seen the PR reports about the new vaporware and <a href="http://torrentfreak.com/megaupload-cant-come-back-online-u-s-tells-court/" target="_blank">are effectively pre-warning Dotcom not to go forward with the plan</a>. 
<br /><br />
 A new filing from the DOJ in the US side of the lawsuit (embedded below), is really a response to Megaupload's recent request to have the charges against the company <a href="http://www.techdirt.com/articles/20121011/07570620677/megaupload-renews-request-criminal-charges-to-be-temporarily-dismissed-reminds-judge-earlier-request.shtml">temporarily dismissed</a> until such time as the individual defendants are extradited.  As we've explained, this is mostly a procedural fight, over whether or not the company itself can be charged, despite not having a US presence.  None of that directly impacts the individuals who have been charged, but certainly could impact the company's ability to launch a new business.
<br /><br />
The DOJ filing mostly argues that there is no legal or practical reason to allow the case to be dismissed, even temporarily, as the individuals are still charged, and re-charging the company at a later date will just waste resources.  It also argues that Dotcom's US-based lawyers are the real problem here, as they had offered to accept service of the lawsuit in exchange for some sort of deal early on (which the DOJ refused).
<br /><br />
What's interesting about the filing is that, without <i>directly</i> addressing the new effort to launch Megabox or whatever Dotcom is calling the new thing, they appear to be warning him that doing so may lead to additional charges against him.  The argument as it relates to the procedural question is that, in his push to be allowed to post bail in New Zealand, Dotcom clearly indicated that he would not and could not restart Megaupload <i>or a similar business</i>, because the government had so completely shut him down.  As that relates to the procedural question, the DOJ is arguing that there can be no "harm" to the company Megaupload because Dotcom has already said he won't relaunch the company.  So if he won't relaunch, what does it matter if the company is charged now or later?
<br /><br />
But then the DOJ goes a little further.  After it uses all those quotes of him promising not to relaunch anything while out on bail, the DOJ tosses the following into a footnote:
<blockquote><i>
Defense Counsel&#8217;s claim that the corporate defendant can and should be allowed to operate undermines the sworn statements of Dotcom that he has no plans or ability to continue to operate or fund the businesses in the Indictment during pendency of the extradition process. If defendant Dotcom intentionally misled the court in New Zealand about his intentions and capabilities in order to obtain his release from pre-extradition confinement, it seems Defense Counsel&#8217;s representation might endanger Dotcom&#8217;s bail situation or even subject him to additional charges.
</i></blockquote>
In other words, beyond this procedural question, the DOJ is hinting that if Dotcom launches something new, they may say he violated the conditions for getting bail. 
<br /><br />
The DOJ <i>also</i> uses this as an opportunity to (once again) try to <a href="http://www.techdirt.com/articles/20120614/10282219327/us-continues-to-try-to-block-megaupload-using-its-lawyers-pretends-it-has-jurisdiction-over-world.shtml">block</a> Megaupload from using its law firm, claiming that because the lawyers are arguing for the case against Megaupload to be dismissed, and this might lead Dotcom to launch something new, that there's a conflict of interest:
<blockquote><i>
The issue raised by the claim of Defense Counsel is particularly awkward since defendant Dotcom is also their client. As the government has pointed out repeatedly, there are a number of conflicts in Defense Counsel&#8217;s representations of the various defendants in this matter, of which this is only the most recent example, that have yet to be reviewed by the Court
</i></blockquote>
None of that actually makes much sense.  Whether or not they have a legitimate claim for getting the case against Megaupload dismissed, that is a separate issue from whether or not Dotcom launches something new.  While I'm guessing the procedural fight is a dead end, the fact that the DOJ is even using that to toss additional threats at Dotcom should he launch his new project shows that they'll leave no stone unturned in trying to hit back at Dotcom.<br /><br /><a href="http://www.techdirt.com/articles/20121025/10250720827/doj-hints-additional-charges-against-kim-dotcom-if-he-launches-megabox.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121025/10250720827/doj-hints-additional-charges-against-kim-dotcom-if-he-launches-megabox.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121025/10250720827/doj-hints-additional-charges-against-kim-dotcom-if-he-launches-megabox.shtml?op=sharethis">Email This Story</a><br />
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