Paul Alan Levy 's Techdirt Comments

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  • On the post: Supreme Court Denies Cert To NSA Case, Allows State Secret Privilege To Roll On Unaltered

    Paul Alan Levy ( profile ), 27 Feb, 2023 @ 11:50am

    No, the Supreme Court in the Parma case did NOT "sa[y] basically the same thing"

    Denial of a petition for a writ of certiorari says NOTHING about the decision that the Supreme Court is not going to review. Despite the amusing amicus brief from the Onion in support of the petition, that got us all yucking, this was a qualified immunity case with a striking fact pattern and unfortunately the Supreme Court chose not to take it

  • On the post: The LDS Church Opposes ‘Bad Mormon’ Trademark Application Over ‘Tarnishment’ Concerns

    Paul Alan Levy ( profile ), 13 Feb, 2023 @ 08:33pm

    Why should she be able to prevent OTHERS from using Bad Mormon?

    As much as I am inclined to think the LDS argument are BS, let's not forget that the reason she wants to get the trademark is so that she can stop OTHER people from using the slogan Bad Mormon. She doesn't need a registered trademark to use that slogan on her own material. Why should she get the exclusive right to that phrase? Isn't this Eat More Kale all over again? https://pubcit.typepad.com/clpblog/2011/12/chik-fil-a-and-eat-more-kale-a-pox-on-both-your-houses.html

  • On the post: Trump Files Ridiculous Copyright Lawsuit Over Bob Woodward’s Audio Book

    Paul Alan Levy ( profile ), 02 Feb, 2023 @ 01:07pm

    Er, Ahem

    Woodward, not Bernstein

  • On the post: Trump Files Ridiculous Copyright Lawsuit Over Bob Woodward’s Audio Book

    Paul Alan Levy ( profile ), 02 Feb, 2023 @ 01:05pm

    He does not allege registration of his claimed copyright

    Without registration, how can he sue under 17 USC 501? He also says he understood that the interview was for a book. Implicit in such an understanding would be that Woodward could publish his words. Indeed, Woodward could easily have put ALL the words in an appendix. On the other hand, Trump he alleges that he was promised that the interviews were ONLY for a "book." Why would that not be an promise enforceable under state law? Now, the paperback version of the tapes is a "book." But maybe not the audiotape versions Did Rebecca, Charles, Ted and Floyd address specifically whether a promise to use the recordings only for "a book," assuming that such a promise was made, would not be enforceable? I must say that in context, Trump;s worry about whether this was for "a book" may have been addressed to whether Bernstein was going to put stuff in a newspaper article, coming out immediately. Paragraph 44 of the complaint suggests that context. Seems to me that this complaint might not be subject to dismissal on its face. It might require discovery and, indeed, a trial, depending on what comes out in the depositions and in any relevant documents. Of course, given Trump's well known proclivity for saying whatever might help him in the moment, truth be damned, it does not seem likely to me that a jury would find him credible.

  • On the post: Supreme Court Punts On Florida And Texas Social Media Moderation Laws, Asks US Government To Weigh In

    Paul Alan Levy ( profile ), 23 Jan, 2023 @ 01:42pm

    No, calling for the views of the Solicitor General is not "stalling" or "punting"

    It is a common feature of Supreme Court practice

  • On the post: The First Amendment Needs To Protect Everyone (Even Homophobic Web Designers) To Protect Anyone

    Paul Alan Levy ( profile ), 08 Dec, 2022 @ 01:44pm

    Because of honestly held religious views, of course

    EOM

  • On the post: The First Amendment Needs To Protect Everyone (Even Homophobic Web Designers) To Protect Anyone

    Paul Alan Levy ( profile ), 08 Dec, 2022 @ 01:42pm

    Can a racist restaurant owner refuse to host celebrations for black people?

    EOM

  • On the post: For The Umpteenth Time, The INFORM Act Is Still Unconstitutional And Has No Business Being Attached To Any Bill Congress Needs To Pass

    Paul Alan Levy ( profile ), 18 Nov, 2022 @ 05:24pm

    First Amendment question

    Is it clear that the First Amendment right to speak anonymously applies to commercial speech -- that is, to sellers of non-speech items? I am trying to think of the cases in which that was decided

  • On the post: Fourth Circuit Goes On The Attack Against Section 230 In A Lawsuit Over Publication Of Third Party Data

    Paul Alan Levy ( profile ), 08 Nov, 2022 @ 09:25am

    No, not the end of the world

    Contrary to my good friend Eric, not every decision finding that Section 230 does not protect the defendant asserting its immunity spells the end of the Internet as we know it.

  • On the post: Nick Sandmann, Who We Were Told Would Be Rich Beyond Belief From All The Media Companies He Sued, Loses Basically All Of His Cases

    Paul Alan Levy ( profile ), 04 Aug, 2022 @ 10:46am

    Were WaPo and CNN right to settle?

    My view at the time was that WaPo was a bit too quick to be first to report on what had happened and managed to overstate the situation. And because Sandmann was not public figure, they faced a tough situation. Settling for a small amount of money (assuming that is what it was) was sensible. I handled a libel defense thirty years ago where entering a nuisance settlement was better than taking the risk of going to trial in a hostile environment. We were even able to make clear that it was a nuisance settlement without violating the confidentiality clause, because we were not barred from saying that it was the plaintiff who had demanded confidentiality.

  • On the post: Josh Hawley Threatens Disney’s ‘Special Copyright Protections’ For Being ‘Woke’

    Paul Alan Levy ( profile ), 05 May, 2022 @ 02:07pm

    It's the Sonny Bono Act, not the Disney Act

    So he should be in favor of it, because Sonny and his widow Mary were both Republicans in Congress

  • On the post: New Yorker’s Famed Fact Checking Crew Apparently Unaware Of The 1st Amendment?

    Paul Alan Levy ( profile ), 04 May, 2022 @ 04:09am

    Article fine, but not the headline or the lede

    A conceptual error is not an incorrect "fact," so I would not agree that this is a failure on the part of the fact checkers

  • On the post: Daily Deal: TREBLAB Z2 Bluetooth 5.0 Noise-Cancelling Headphones

    Paul Alan Levy ( profile ), 15 Apr, 2022 @ 11:32am

    Headphones great, case subpar

    I got these and still use the headphones, but the zipper on the case broke within the first few uses

  • On the post: Josh Hawley May Be A Terrible Human Being (And Senator), But He Still Gets Fair Use Rights

    Paul Alan Levy ( profile ), 13 Apr, 2022 @ 01:06pm

    Certainly not fair use

    Hawley could easily hire someone to take a photo of himself in that same pose, and use that photo. He has no need to use a copy of the photo taken by someone else. The photographer is entitled to license the use or withhold a license, and he is entitled to be paid for the license if he gives one. I would even be with Higbee in a case like this.

  • On the post: How Would Senator James Lankford React If A Democratic Senator Demanded Fox News Explain Its Editorial Policies?

    Paul Alan Levy ( profile ), 08 Apr, 2022 @ 12:59pm

    Where we disagree

    YOU SAY: "But he doesn’t have the right, as a government official, to demand to know the editorial process of a private media company. Just as Senator Warren or Klobuchar should not and would not have the right to do the same for Fox News." Lankford is a member of a 100 member legislative body. He has no ability to do anything on his own. And he has every "right" under the First Amendment to demand anything he damn well pleases, writing as an individual and even on his Senate letterhead, as a way of expressing his displeasure. So do Warren and Klobuchar. Now, if he were a committee chair, issuing a subpoena (that is to say, employing government power) that would be a different matter. No wonder the First Amendment won your "misunderstood legal ideas" bracket.

  • On the post: Copyright As Censorship: YouTuber Pulls Down GoFundMe Video To Help Victim Of Viral YouTube Jumping Tesla Stunt

    Paul Alan Levy ( profile ), 22 Mar, 2022 @ 06:47am

    Noting that Alex Choi just donated $2000

    Is he feeling guilty for the takedown? "Alex Choi donated $2,000 Hope you get your Justice serviced. Here is probably all the ad revenue I’ll get from my video." 

    18 hrs

  • On the post: News Org Demands Josh Hawley Stop Using Raised Fist Photo On His Campaign Merch

    Paul Alan Levy ( profile ), 17 Mar, 2022 @ 02:21pm

    For example

    https://www.engage.hoganlovells.com/knowledgeservices/news/us-district-court-reversed-no-fair-use-defense-for-adams-morgan-neighborhood-photo

  • On the post: News Org Demands Josh Hawley Stop Using Raised Fist Photo On His Campaign Merch

    Paul Alan Levy ( profile ), 17 Mar, 2022 @ 01:52pm

    This IS the way copyright law works

    This controversy is reminiscent of the lawsuit by AP against Shepherd Fairey over his employment of an AP photo for his Obama "hope" poster. The fair use issue was close because Fairey was an artist. Fairey settled on the eve of trial, and he settled because he knew he might well lose. I think the Hawley campaign is going to be hard pressed to defend its mug as "art." As for the fact that this involves a campaign, that does not give them a free pass. That is especially so because, as I read the facts, the Hawley campaign is selling mugs with this image for $20. It is going to be hard pressed to argue that this is a non-commercial use. Finally, actual damages includes not only lost license fee but the infringer's profits. Nobody is buying these mugs because they have a nice shape. It is the copyrighted content that sells these mugs. So you could see a substantial actual damages claim that could well be worth more than statutory damages, depending on how many mugs are sold

  • On the post: Now That White Musicians Are Getting Sued For Copyright, Lawyers Say Copyright Needs To Change

    Paul Alan Levy ( profile ), 17 Mar, 2022 @ 08:33am

    Take your allies where you can find them

    Whataboutism is all very well and good, but if we want to get legislation through the Congressional logjam, we need to take our allies where we can find them. Public Citizen had next to nothing in common with the horrible Ron Paul, but he had this thing about sovereignty so we were able to work with him to oppose trade deals that gave away environmental and safety protections under US law

  • On the post: Court Says That Travel Company Can't Tell Others How Much Southwest Flights Cost

    Paul Alan Levy ( profile ), 18 Jan, 2022 @ 03:40pm

    UNOPPOSED

    Key line in the injunction:

    Further, Kiwi.com does not oppose entry of a permanent injunction.

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