If HBO's reasoning is legally sound, couldn't they also issue DMCA notices over discussions of the novels, since the TV series is based on the novels? Or has the TV series diverged enough from the novels for this to not matter? (I don't follow Game of Thrones at all, so I have no idea)
What about software used for communication or storage which provides for plugins/modules/hooks which can encrypt information? Does the bill not apply there? Would it require the software to somehow authenticate the plugins/etc as being on an approved list? Outlaw such extensibility altogether?
Wait, if I'm reading the law correctly, if a 15 year old boy has penile/vaginal sex with a 15 year old girl, the boy can be prosecuted for statutory rape? Or if two 15 year old boys had anal sex, the one doing the penetration could be prosecuted?
I wonder if some of the politicians who take this stance know they're asking for the impossible, and ask anyways to set up the tech companies as a fall-guy for any terrorist plots the government fails to thwart. "This failure isn't my fault, it's Silicon Valley that's to blame!"
If "copyright misuse" is such a great way to push back against bogus DMCA requests, why would its use be something that's just recently "rising"? Are the attorneys that defend against DMCA requests that stupid, that just recently it occurred to them to use that tactic?
... to the extent AL or TG attempt to argue that the Court should consider other statements on their Twitter accounts, or any previous tweets by Mr. Woods, the argument is a red herring. First, there is no reason any of Mr. Woods' followers, all of whom were exposed to the defamatory statements, would even bother to investigate the speakers and/or their Twitter sites to determine if they were reliable sources.
So, as far as I can parse that, Woods is claiming that his Twitter followers have learned through experience that Woods uses hyperbole, but those same followers will assume that some random person they've never encountered doesn't use hyperbole, and will further assume that said random person is a reliable source.
Rarely. In a few instances, the courts have upheld compelled speech in the commercial context, where the government shows that the compelled statements convey important truthful information to consumers. For example, warnings on cigarette packs are a form of compelled commercial speech that have sometimes been upheld, and sometimes struck down, depending on whether the government shows there is a rational basis for the warning.
Have courts upheld compelled false speech?
No, and the cases on compelled speech have tended to rely on truth as a minimum requirement. For example, Planned Parenthood challenged a requirement that physicians tell patients seeking abortions of an increased risk of suicidal ideation. The court found that Planned Parenthood did not meet its burden of showing that the disclosure was untruthful, misleading, or not relevant to the patient’s decision to have an abortion.