STATUS: Lawsuit filed on December 5, 2011.
N.J. Super: Man Claims Sports Blog Defamed Him
Courthouse News
A man claims that the popular blog Barstoolsports.com defamed him by publishing his name and a photo under the headline "Jersey City Pedophile Lose His $4Million Lotto Ticket, Sues the Whole World".
http://www.courthousenews.com/2011/12/19/42339.htm
Complaint: Mendez v. Barstoolsports.com
http://www.courthousenews.com/2011/12/19/Barstool.pdf
Giordano v. Xcentric Ventures et al
STATUS: Appeals Court rules that website need not take defamatory comments down on December 28, 2011.
Fla.App.: Defamed Business Can't Force Comment Off the Web
News Services of Florida
A website that allows users to post opinions about businesses without regard to whether the opinions are "true" may be appalling in its invitation to slander businesses, but it doesn't have to take the post down, a appeals court ruled.
http://www.jaxdailyrecord.com/showstory.php?Story_id=535291
Opinion: Giordano v. Xcentric et al
http://www.3dca.flcourts.org/Opinions/3D11-0707.pdf
Fla.App.: Defamed Business Can't Force Comment Off the Web
News Services of Florida
A website that allows users to post opinions about businesses without regard to whether the opinions are "true" may be appalling in its invitation to slander businesses, but it doesn't have to take the post down, a appeals court ruled.
http://www.jaxdailyrecord.com/showstory.php?Story_id=535291
Opinion: Giordano v. Xcentric et al
http://www.3dca.flcourts.org/Opinions/3D11-0707.pdf
Miller, et al v. Junior Achievement of Central Indiana Inc, et al
Miller, et al v. Junior Achievement of Central Indiana, et al
STATUS: Appeal filed June 27, 2011
Ind. App.: Court weighs online commenter's rights
Indianapolis Star
The Indianapolis Star went to court to protect the identity of an online commenter named in a defamation suit.
http://www.theindychannel.com/news/29980839/detail.html
Ind. Super.: Order compelling discovery
http://indianalawblog.com/documents/2-23-11%20Order%20Compelling%20Discovery-Indy%20Star.pdf
Ind. App.: Brief of Appelant
https://www.eff.org/files/miller_appellant_brief.pdf
STATUS: Appeal filed June 27, 2011
Ind. App.: Court weighs online commenter's rights
Indianapolis Star
The Indianapolis Star went to court to protect the identity of an online commenter named in a defamation suit.
http://www.theindychannel.com/news/29980839/detail.html
Ind. Super.: Order compelling discovery
http://indianalawblog.com/documents/2-23-11%20Order%20Compelling%20Discovery-Indy%20Star.pdf
Ind. App.: Brief of Appelant
https://www.eff.org/files/miller_appellant_brief.pdf
Biro v. Conde Nast, et.al
Biro v. Conde Nast, et.al
STATUS: Complaint amended to include more defendants on December 5, 2011.
S.D.N.Y.: Gawker brought into New Yorker fracas
Courthouse News
A Canadian art authenticator has cast a wider net in his defamation lawsuit against the New Yorker, hoping to ream Gawker and about a half-dozen other media outlets and websites that publicized the magazine's original coverage.
http://www.courthousenews.com/2011/12/12/42167.htm
Amended Complaint: Biro v. Conde Nast, et.al
http://www.courthousenews.com/2011/12/12/nyer.pdf
STATUS: Complaint amended to include more defendants on December 5, 2011.
S.D.N.Y.: Gawker brought into New Yorker fracas
Courthouse News
A Canadian art authenticator has cast a wider net in his defamation lawsuit against the New Yorker, hoping to ream Gawker and about a half-dozen other media outlets and websites that publicized the magazine's original coverage.
http://www.courthousenews.com/2011/12/12/42167.htm
Amended Complaint: Biro v. Conde Nast, et.al
http://www.courthousenews.com/2011/12/12/nyer.pdf
Pippen v. Comcast Corp.
Pippen v. Comcast Corp.
STATUS: Complaint filed on December 13, 2011.
N.D.III: Scottie Pippen sues over Bankruptcy Report filing
Courthouse News
Former Bulls star Scottie Pippen claims Comcast and General Electric, owners of NBC Universal and CNBC.com, defamed him and cost him endorsements by falsely claiming he had been declared bankrupt
http://www.courthousenews.com/2011/12/14/In_Brief.htm#42239
Complaint: Pippen v. Comcast Corp.
http://www.courthousenews.com/2011/12/14/Pippen.pdf
STATUS: Complaint filed on December 13, 2011.
N.D.III: Scottie Pippen sues over Bankruptcy Report filing
Courthouse News
Former Bulls star Scottie Pippen claims Comcast and General Electric, owners of NBC Universal and CNBC.com, defamed him and cost him endorsements by falsely claiming he had been declared bankrupt
http://www.courthousenews.com/2011/12/14/In_Brief.htm#42239
Complaint: Pippen v. Comcast Corp.
http://www.courthousenews.com/2011/12/14/Pippen.pdf
Righthaven v. Center for Intercultural Organizing
STATUS: Summary judgement was granted in favor of the Defendants on April 22, 2011.
9th Cir.: Righthaven asks Appeals Courts to revive lawsuits
MediaPost
Copyright enforcement outfit Righthaven is asking a federal appeals court to reinstate its copyright infringement lawsuit against a nonprofit that posted an entire article from the Las Vegas Review-Journal.
http://www.mediapost.com/publications/article/163007/righthaven-asks-appeals-court-to-revive-lawsuits.html
>>Righthaven's opening Brief:
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Righthaven_9thCirOpening.pdf
>>Decision:
http://ia600506.us.archive.org/21/items/gov.uscourts.nvd.75299/gov.uscourts.nvd.75299.38.0.pdf
9th Cir.: Righthaven asks Appeals Courts to revive lawsuits
MediaPost
Copyright enforcement outfit Righthaven is asking a federal appeals court to reinstate its copyright infringement lawsuit against a nonprofit that posted an entire article from the Las Vegas Review-Journal.
http://www.mediapost.com/publications/article/163007/righthaven-asks-appeals-court-to-revive-lawsuits.html
>>Righthaven's opening Brief:
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Righthaven_9thCirOpening.pdf
>>Decision:
http://ia600506.us.archive.org/21/items/gov.uscourts.nvd.75299/gov.uscourts.nvd.75299.38.0.pdf
Lee v. Makhnevich
STATUS: Complaint filed in NY Federal Court on November 29, 2011
S.D.N.Y.: Toothache lawsuit may stifle medical gag orders against online rants
MSNBC
Lawyers for Robert Lee, 42, this week asked a New York federal court to declare that dentist Stacey Makhnevich's contract, which effectively tries to gag patient's reviews, is unethical, invalid, and illegal.
http://vitals.msnbc.msn.com/_news/2011/11/30/9124107-toothache-lawsuit-may-stifle-medical-gag-orders-against-online-rants
>>Complaint
http://mlrc.informz.net/z/cjUucD9taT0xOTYxMjI0JnA9MSZ1PTEwMzMyOTU4MDEmbGk9OTIxODMwOA/index.html
S.D.N.Y.: Toothache lawsuit may stifle medical gag orders against online rants
MSNBC
Lawyers for Robert Lee, 42, this week asked a New York federal court to declare that dentist Stacey Makhnevich's contract, which effectively tries to gag patient's reviews, is unethical, invalid, and illegal.
http://vitals.msnbc.msn.com/_news/2011/11/30/9124107-toothache-lawsuit-may-stifle-medical-gag-orders-against-online-rants
>>Complaint
http://mlrc.informz.net/z/cjUucD9taT0xOTYxMjI0JnA9MSZ1PTEwMzMyOTU4MDEmbGk9OTIxODMwOA/index.html
Hopkins v. Doe #1
STATUS: Plaintiff's Motion to Amend was denied and Defendant Topix's Motion to Dismiss was granted on November 28, 2011.
N.D.Ga.: Fraud Allegations Don't Trump 47 USC 230
Technology & Marketing Law Blog ( Eric Goldman)
This lawsuit related to allegedly defamatory statements that Does made about Hopkins on Topix. Topix naturally invoked 47 USC 230, and the court easily concludes that it qualifies for immunity.
http://blog.ericgoldman.org/archives/2011/11/fraud_allegatio.htm
>>Order: Hopkins v. Doe #1
http://www.scribd.com/doc/74316988/Hopkins-v-Doe
>>See also: Complaint
http://www.themountainsvoice.com/exposed/DefamationComplaint.pdf
N.D.Ga.: Fraud Allegations Don't Trump 47 USC 230
Technology & Marketing Law Blog ( Eric Goldman)
This lawsuit related to allegedly defamatory statements that Does made about Hopkins on Topix. Topix naturally invoked 47 USC 230, and the court easily concludes that it qualifies for immunity.
http://blog.ericgoldman.org/archives/2011/11/fraud_allegatio.htm
>>Order: Hopkins v. Doe #1
http://www.scribd.com/doc/74316988/Hopkins-v-Doe
>>See also: Complaint
http://www.themountainsvoice.com/exposed/DefamationComplaint.pdf
Stone v. Paddock Productions, Inc.
Stone v. Paddock Productions, Inc.
STATUS: The Illinois Court of Appeals overturned a lower court ruling on November 17, 2011.
Ill. App.: Illinois Appellate Court Upholds Anonymity of Online Critic of Political Candidate
Electronic Frontier Foundation
The Illinois Court of Appeals today overturned a lower court ruling that had ordered the disclosure of the identity of an anonymous online critic of a political candidate, ruling that the First Amendment prevented such "fishing expeditions" undertaken by "those easily offended by online commentary."
https://www.eff.org/press/releases/illinois-appellate-court-upholds-anonymity-online-critic-political-candidate
Opinion: Stone v. Paddock Productions, Inc.
https://www.eff.org/sites/default/files/filenode/stonevpaddock-opinion-111711.pdf
STATUS: The Illinois Court of Appeals overturned a lower court ruling on November 17, 2011.
Ill. App.: Illinois Appellate Court Upholds Anonymity of Online Critic of Political Candidate
Electronic Frontier Foundation
The Illinois Court of Appeals today overturned a lower court ruling that had ordered the disclosure of the identity of an anonymous online critic of a political candidate, ruling that the First Amendment prevented such "fishing expeditions" undertaken by "those easily offended by online commentary."
https://www.eff.org/press/releases/illinois-appellate-court-upholds-anonymity-online-critic-political-candidate
Opinion: Stone v. Paddock Productions, Inc.
https://www.eff.org/sites/default/files/filenode/stonevpaddock-opinion-111711.pdf
Darm v. Craig
UPDATE (10/12/11)
STATUS: Darm and Craig reached a settlement in Oregon's first Twitter-based defamation case.
Ore.: Blogger, Dr.Darm settle landmark Twitter lawsuit
Portland Tribune
http://www.portlandtribune.com/news/story.php?story_id=131846715288885300
STATUS: Complaint filed in August 2011.
Or.Cir.: Be careful what you tweet, it just might get you sued
KATU News
A local woman is being sued by a doctor for $1 million and what's interesting about it is that it is likely Oregon's first Twitter-based defamation.
http://www.katu.com/news/local/128428913.html
--Complaint: Darm v. Craig
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Darm_Complaint-2.pdf
STATUS: Darm and Craig reached a settlement in Oregon's first Twitter-based defamation case.
Ore.: Blogger, Dr.Darm settle landmark Twitter lawsuit
Portland Tribune
http://www.portlandtribune.com/news/story.php?story_id=131846715288885300
STATUS: Complaint filed in August 2011.
Or.Cir.: Be careful what you tweet, it just might get you sued
KATU News
A local woman is being sued by a doctor for $1 million and what's interesting about it is that it is likely Oregon's first Twitter-based defamation.
http://www.katu.com/news/local/128428913.html
--Complaint: Darm v. Craig
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Darm_Complaint-2.pdf
Lozada v. Media Take Out
Lozada v. Media Take Out
STATUS:Complaint filed September 29, 2011
Fla.Cir.: "Basketball Wife" Claims She Was Defamed
Courthouse News
A cast member of the reality tv show "Basketball Wives" claims the website Media Take Out defamed her in an article "falsely stating that [she] had cheated on her fiance."
http://www.courthousenews.com/2011/10/05/40307.htm
Complaint: Lozada v. Media Take Out
http://www.courthousenews.com/2011/10/05/BballWives.pdf
STATUS:Complaint filed September 29, 2011
Fla.Cir.: "Basketball Wife" Claims She Was Defamed
Courthouse News
A cast member of the reality tv show "Basketball Wives" claims the website Media Take Out defamed her in an article "falsely stating that [she] had cheated on her fiance."
http://www.courthousenews.com/2011/10/05/40307.htm
Complaint: Lozada v. Media Take Out
http://www.courthousenews.com/2011/10/05/BballWives.pdf
M.P. v. Halvorson
STATUS: Complaint filed on September 13, 2011.
Tex. Dist.: 8th-Grade Novelist Accused of Defamation
Courthouse News Service
The Mother of an eighth-grade girl sued her daughter's classmate and his parents, claiming the boy defamed her daughter in a lurid novel he wrote, using classmate's real names, then published online, with help from his parents.
http://www.courthousenews.com/2011/09/16/39832.htm
--Complaint: M.P. v. Halvorson
http://www.courthousenews.com/2011/09/16/KidBook.pdf
Tex. Dist.: 8th-Grade Novelist Accused of Defamation
Courthouse News Service
The Mother of an eighth-grade girl sued her daughter's classmate and his parents, claiming the boy defamed her daughter in a lurid novel he wrote, using classmate's real names, then published online, with help from his parents.
http://www.courthousenews.com/2011/09/16/39832.htm
--Complaint: M.P. v. Halvorson
http://www.courthousenews.com/2011/09/16/KidBook.pdf
Righthaven LLC v. Hoehn
UPDATE (9/18/11)
STATUS: On September 18, 2011, Defendant filed a Motion for Write of Execution against the Plaintiff.
D. Nev.: Copyright Trolls Assets Targeted for Seizure
Wired
The legal woes of Las Vegas-based copyright-trolling firm Righthaven continued Sunday when one of its creditors moved to seize its assets.
-- Motion for Writ of Execution: Righthaven v. Hoehn
UPDATE (9/9/11)
STATUS: On September 9, 2011, Plaintiff moved for a Stay of the Court’s Order and Judgment to pay Defendant’s Attorney's fees and costs.
D. Nev.: Righthaven: We Might Have To Declare Bankruptcy
paidContent
Copyright enforcer Righthaven warned that it cannot afford to pay a defendant $30,000 in legal fees and asked a judge to lift a ruling that prevents it from suing other individuals. And, in a man-bites-dog turn of events, Righthaven warned that the aggressive defendant would try and take the firm’s assets if a stay was not granted.
http://paidcontent.org/article/419-righthaven-we-might-have-to-declare-bankruptcy/
-- Motion for Stay of Judgment Pending Appeal: Righthaven v. Hoehn
http://www.scribd.com/doc/64396098/Righthaven-v-Hoehn-Plaintiff-Righthaven-LLC-s-Motion-for-Stay-of-Judgment-Pending-Appeal
UPDATE (8/16/2011)
STATUS: Defendant's Motion for Attorney's Fees and Costs granted; Plaintiff ordered to pay attorney's fees in the amount of $34,045.50.
D. Nev.: Righthaven rocked, owes $34,000 after "fair use" loss
Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
--Order: Righthaven v. Hoehn
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
STATUS: Defendant's motion for summary judgment and motion to dismiss for lack of jurisdiction was granted on June 20, 2011
D. Nev.: Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use
Wired
A federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow to newspaper copyright troll Righthaven. . . “Righthaven did not present any evidence that the market for the work was harmed by Hoehn’s noncommercial use for the 40 days it appeared on the website. Accordingly, there is no genuine issue of material fact that Hoehn’s use of the work was fair and summary judgment is appropriate,” Judge Pro ruled.
http://www.wired.com/threatlevel/2011/06/fair-use-defense/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader
--Order Granting Defendant's Motion for Summary Judgment: Righthaven LLC v. Hoehn
http://randazza.files.wordpress.com/2011/06/righthaven-v-hoehn.pdf
STATUS: Complaint filed Jan 11, 2011
D. Nev.: After 200 Lawsuits Against Sites, Righthaven Targets Online Commenters
paidContent
After suing mostly mom-and-pop web publishers—more than 200 blogs and web sites in all in its 10 months in business—Righthaven last week began suing mere commenters, including Wayne Hoehn, a user who posted an op-ed article at MadJackSports.com . . . The same day, Righthaven sued James Higgins, who posted another apparently copied Las Vegas Review-Journal story into a Google Groups news list. These two suits appear to be the first Righthaven suits against individual who don’t own their own websites.
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf
--Complaint: Righthaven v. Hoehn
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf
See also:
--Complaint: Righthaven v. Higgins
http://ia700408.us.archive.org/14/items/gov.uscourts.nvd.78696/gov.uscourts.nvd.78696.1.0.pdf
Varrenti v. Gannett Co.
STATUS: Complaint filed on August 5, 2011
N.Y. Sup.: Anonymous D&C Web posts about cops not defamatory
Democrat & Chronicle
The Democrat and Chronicle does not have to release information about four individuals who anonymously posted Web comments about members of the Brockport police and Brockport Police Chief Daniel Varrenti, a judge has ruled
http://www.democratandchronicle.com/article/20110806/NEWS01/108060315
--Complaint: Varrenti v. Gannett Co.
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/varrenti.pdf
N.Y. Sup.: Anonymous D&C Web posts about cops not defamatory
Democrat & Chronicle
The Democrat and Chronicle does not have to release information about four individuals who anonymously posted Web comments about members of the Brockport police and Brockport Police Chief Daniel Varrenti, a judge has ruled
http://www.democratandchronicle.com/article/20110806/NEWS01/108060315
--Complaint: Varrenti v. Gannett Co.
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/varrenti.pdf
Cooley Law School v. John Doe 1, et al.
STATUS: Complaint filed on July 14, 2011
Mich. Cir.: Law School Sues New York Law Firm For Defamation
Wall Street Journal
A Michigan law school filed two lawsuits Thursday – one against a New York law firm and another against four anonymous internet commentators – accusing them of defamation. One lawsuit claims that the school has been the victim of ads on Craigslist and Facebook seeking former Cooley law students to join in on a potential class action suit. The second lawsuit claims that four “John Doe” defendants have been blogging and perpetuating online comments damaging to the school’s reputation.
http://blogs.wsj.com/law/2011/07/15/law-school-sues-new-york-law-firm-for-defamation/?mod=WSJBlog
--Complaint: Thomas M. Cooley Law School v. John Doe 1, et al.
http://www.cooley.edu/newsevents/_docs/2011_07_014_Summons_and_Complaint_startpage.pdf
--Complaint: Thomas M. Cooley Law School v. Kurzon Strauss, LLP
http://www.cooley.edu/newsevents/_docs/2011_07_14_Summons_and_Complaint_startpage.pdf
Mich. Cir.: Law School Sues New York Law Firm For Defamation
Wall Street Journal
A Michigan law school filed two lawsuits Thursday – one against a New York law firm and another against four anonymous internet commentators – accusing them of defamation. One lawsuit claims that the school has been the victim of ads on Craigslist and Facebook seeking former Cooley law students to join in on a potential class action suit. The second lawsuit claims that four “John Doe” defendants have been blogging and perpetuating online comments damaging to the school’s reputation.
http://blogs.wsj.com/law/2011/07/15/law-school-sues-new-york-law-firm-for-defamation/?mod=WSJBlog
--Complaint: Thomas M. Cooley Law School v. John Doe 1, et al.
http://www.cooley.edu/newsevents/_docs/2011_07_014_Summons_and_Complaint_startpage.pdf
--Complaint: Thomas M. Cooley Law School v. Kurzon Strauss, LLP
http://www.cooley.edu/newsevents/_docs/2011_07_14_Summons_and_Complaint_startpage.pdf
Righthaven LLC v. Democratic Underground
UPDATE (7/15/2011)
STATUS: Judge fined Righthaven $5000 for misleading the court on July 14, 2011
D. Nev.: Righthaven Masquerading as a Company
Vegas Inc.
A judge today fined newspaper copyright lawsuit filer Righthaven LLC of Las Vegas $5,000 for misleading a federal court about its lawsuits. Judge Hunt said Righthaven deliberately failed to disclose the owner of the Las Vegas Review-Journal shares in Righthaven’s lawsuit revenue. But, without explanation, Hunt didn’t sanction any of the Righthaven attorneys that may have been responsible for the misrepresentation.
http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/
STATUS: Order on Request to Unseal entered on March 9, 2011
D. Nev.: Righthaven’s Secret Contract Revealed: Will Its Strategy Collapse?
paidContent
Angered at Righthaven’s behavior, a Las Vegas federal judge unsealed the company’s heretofore confidential agreement with the Las Vegas Review-Journal late on Friday. The contract reveals that the controversial copyright-enforcement company and LV R-J parent company Stephens Media are splitting their net earnings from suing hundreds of bloggers on a 50-50 basis. It also shows that the LV R-J is still largely in control of Righthaven’s litigation strategy—a fact that could end up being ruinous for Righthaven’s campaign of copyright lawsuits.
http://paidcontent.org/article/419-righthavens-secret-contract-is-revealedwill-its-strategy-collapse/
--Order on Request to Unseal: Righthaven LLC v. Democratic Underground
https://www.eff.org/files/filenode/righthaven_v_dem/2-10-cv-01356_93.pdf
--Righthaven’s Contract With Stephens Media
http://www.docstoc.com/docs/76820004/RighthavenContract
See also
--Answer and Counterclaim: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/AnswerandCounterclaim.pdf
--Complaint: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/20100810RighthavenvDemocraticUnderground.pdf
STATUS: Judge fined Righthaven $5000 for misleading the court on July 14, 2011
D. Nev.: Righthaven Masquerading as a Company
Vegas Inc.
A judge today fined newspaper copyright lawsuit filer Righthaven LLC of Las Vegas $5,000 for misleading a federal court about its lawsuits. Judge Hunt said Righthaven deliberately failed to disclose the owner of the Las Vegas Review-Journal shares in Righthaven’s lawsuit revenue. But, without explanation, Hunt didn’t sanction any of the Righthaven attorneys that may have been responsible for the misrepresentation.
http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/
STATUS: Order on Request to Unseal entered on March 9, 2011
D. Nev.: Righthaven’s Secret Contract Revealed: Will Its Strategy Collapse?
paidContent
Angered at Righthaven’s behavior, a Las Vegas federal judge unsealed the company’s heretofore confidential agreement with the Las Vegas Review-Journal late on Friday. The contract reveals that the controversial copyright-enforcement company and LV R-J parent company Stephens Media are splitting their net earnings from suing hundreds of bloggers on a 50-50 basis. It also shows that the LV R-J is still largely in control of Righthaven’s litigation strategy—a fact that could end up being ruinous for Righthaven’s campaign of copyright lawsuits.
http://paidcontent.org/article/419-righthavens-secret-contract-is-revealedwill-its-strategy-collapse/
--Order on Request to Unseal: Righthaven LLC v. Democratic Underground
https://www.eff.org/files/filenode/righthaven_v_dem/2-10-cv-01356_93.pdf
--Righthaven’s Contract With Stephens Media
http://www.docstoc.com/docs/76820004/RighthavenContract
See also
--Answer and Counterclaim: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/AnswerandCounterclaim.pdf
--Complaint: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/20100810RighthavenvDemocraticUnderground.pdf
McKee v. Laurion
UPDATE ( 9/15/2011)
UPDATE (7/7/2011)
STATUS: Plaintiff stated on June 25, 2011, that he will appeal
Minn. Dist.: Duluth doctor appealing judge's decision to toss out defamation suit
Duluth News Tribune
A Duluth physician whose defamation suit against a former patient’s son was thrown out of district court said he has no choice but to file an appeal. Dr. David McKee, a neurologist with Northland Neurology and Myology, said he still is being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion. . . McKee said a sudden concentration of unfavorable critiques about him cropped up online shortly before Sixth District Judge Eric Hylden dismissed the suit. “It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”
http://www.duluthnewstribune.com/event/article/id/202704/
STATUS: Defendant's motion for summary judgment granted on April 28th, 2011
Minn. Dist.: Judge Tosses Suit Over Bad Review of Doctor
On Point News
A Minnesota judge has boosted free-speech protections for online commentary by finding a neurologist cannot sue a patient's son over criticisms of his bedside manner that allegedly damaged his professional reputation. Dennis Laurion posted comments on doctor rating websites in which he vented about how Dr. David McKee of Duluth, Minn., treated his father while performing a neurological examination on him. Kenneth Laurion, 83, was recovering from a stroke at a hospital.
http://www.onpointnews.com/NEWS/Judge-Dismisses-Suit-Over-Bad-Review-of-Doctor-s-Work.html
--Decision: McKee v. Laurion
http://www.onpointnews.com/docs/Mckee-v-Laurion.pdf
STATUS: Date scheduled for Oral Argument at Minnesota Court of Appeals.
--Notice of Oral Argument
http://macsnc.courts.state.mn.us/ctrack/docket/docketEntry.do?action=edit&deID=586764&csNameID=71108&csIID=78382--Notice of Oral Argument
UPDATE (7/7/2011)
STATUS: Plaintiff stated on June 25, 2011, that he will appeal
Minn. Dist.: Duluth doctor appealing judge's decision to toss out defamation suit
Duluth News Tribune
A Duluth physician whose defamation suit against a former patient’s son was thrown out of district court said he has no choice but to file an appeal. Dr. David McKee, a neurologist with Northland Neurology and Myology, said he still is being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion. . . McKee said a sudden concentration of unfavorable critiques about him cropped up online shortly before Sixth District Judge Eric Hylden dismissed the suit. “It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”
http://www.duluthnewstribune.com/event/article/id/202704/
STATUS: Defendant's motion for summary judgment granted on April 28th, 2011
Minn. Dist.: Judge Tosses Suit Over Bad Review of Doctor
On Point News
A Minnesota judge has boosted free-speech protections for online commentary by finding a neurologist cannot sue a patient's son over criticisms of his bedside manner that allegedly damaged his professional reputation. Dennis Laurion posted comments on doctor rating websites in which he vented about how Dr. David McKee of Duluth, Minn., treated his father while performing a neurological examination on him. Kenneth Laurion, 83, was recovering from a stroke at a hospital.
http://www.onpointnews.com/NEWS/Judge-Dismisses-Suit-Over-Bad-Review-of-Doctor-s-Work.html
--Decision: McKee v. Laurion
http://www.onpointnews.com/docs/Mckee-v-Laurion.pdf
Shiamili v. Ardor Realty Corp.
UPDATE (6/16/2011)
STATUS: Order granting defendant's motion to dismiss affirmed on June 15, 2011
N.Y.: Blog not liable for defamatory comment: NY high court
Reuters
In a 4-3 ruling, the Court of Appeals held that the Communications Decency Act shields the Real Estate Group of New York Inc., or TREGNY, from liability for defamation and unfair competition against Ardor Realty Corp, because TREGNY was the blog's administrator, not the author of the comments in question.
http://online.wsj.com/article/AP492fbaaa0ed545868e86fbdece67f921.html
--Decision: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/CTAPPS/Decisions/2011/Jun11/105opn11.pdf
See also:
--New York Appellate Court Opinion: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/Reporter/3dseries/2009/2009_09403.htm
STATUS: Order granting defendant's motion to dismiss affirmed on June 15, 2011
N.Y.: Blog not liable for defamatory comment: NY high court
Reuters
In a 4-3 ruling, the Court of Appeals held that the Communications Decency Act shields the Real Estate Group of New York Inc., or TREGNY, from liability for defamation and unfair competition against Ardor Realty Corp, because TREGNY was the blog's administrator, not the author of the comments in question.
http://online.wsj.com/article/AP492fbaaa0ed545868e86fbdece67f921.html
--Decision: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/CTAPPS/Decisions/2011/Jun11/105opn11.pdf
See also:
--New York Appellate Court Opinion: Shiamili v. Ardor Realty Corp.
http://www.courts.state.ny.us/Reporter/3dseries/2009/2009_09403.htm
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
UPDATE (6/8/2011)
STATUS: Decided on June 7, 2011
N.J.: New Jersey Supreme Court holds that Online posters don’t have same source protections as mainstream journalists
The Associated Press
The New Jersey Supreme Court says people posting opinions online don’t have the same protections for sources as mainstream journalists. The court ruled Tuesday that New Jersey’s shield law for journalists does not apply to online message boards.
http://www.washingtonpost.com/business/nj-supreme-court-online-posters-dont-have-same-source-protections-as-mainstream-journalists/2011/06/07/AGM349KH_story.html
--Decision: Too Much Media Hale, LLC v. Hale
http://www.judiciary.state.nj.us/opinions/supreme/A710TooMuchMediavHale.pdf
UPDATE (4/22/2010)
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
Status: Appeal of ruling on application of reporters' shield law pending
Software company Too Much Media sued blogger Shellee Hale for defamation over postings on the Oprano blog (oprano.com) regarding alleged security flaws in the software the company makes for pornographic web sites. Hale said that her information came from confidential sources who she refused to name, citing New Jersey's reporters' shield law statute.
The trial court held an hearing on applicability of the statue, and ruled on June 30, 2009 that Hale was not protected by New Jersey's newsperson's privilege statute, and had to reveal the sources. In September the court denied a motion to reconsider its ruling, and in March a panel of appellate judges heard her appeal. On April 22, the Appellate Division confirmed, noting that "the fact of presenting information on a new, different medium, even if capable of reaching a wider audience more readily, does not make it 'news,' for purposes of qualifying for the newsperson's privilege. Simply put, new media should not be confused with news media."
Links and Case Documents:
June 30, 2009 Decision: http://www.citmedialaw.org/sites/citmedialaw.org/files/2009-06-30-TMM%20v.%20Hale%20Decision.pdf
http://www.citmedialaw.org/threats/too-much-media-llc-v-hale
http://www.nj.com/news/index.ssf/2009/04/blogger_who_claimed_online_por.html
http://blog.nj.com/jerseyblogs/2009/05/are_bloggers_journalists_too_m.html
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125366610849190.xml&coll=1
N.J. appeals court hears arguments over whether blogger is protected by shield laws, NJ.com, Mar. 2, 2010
Apr. 22, 2010 Decision: http://pdfserver.amlaw.com/nj/Media-a0964-09.pdf
STATUS: Decided on June 7, 2011
N.J.: New Jersey Supreme Court holds that Online posters don’t have same source protections as mainstream journalists
The Associated Press
The New Jersey Supreme Court says people posting opinions online don’t have the same protections for sources as mainstream journalists. The court ruled Tuesday that New Jersey’s shield law for journalists does not apply to online message boards.
http://www.washingtonpost.com/business/nj-supreme-court-online-posters-dont-have-same-source-protections-as-mainstream-journalists/2011/06/07/AGM349KH_story.html
--Decision: Too Much Media Hale, LLC v. Hale
http://www.judiciary.state.nj.us/opinions/supreme/A710TooMuchMediavHale.pdf
UPDATE (4/22/2010)
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
Status: Appeal of ruling on application of reporters' shield law pending
Software company Too Much Media sued blogger Shellee Hale for defamation over postings on the Oprano blog (oprano.com) regarding alleged security flaws in the software the company makes for pornographic web sites. Hale said that her information came from confidential sources who she refused to name, citing New Jersey's reporters' shield law statute.
The trial court held an hearing on applicability of the statue, and ruled on June 30, 2009 that Hale was not protected by New Jersey's newsperson's privilege statute, and had to reveal the sources. In September the court denied a motion to reconsider its ruling, and in March a panel of appellate judges heard her appeal. On April 22, the Appellate Division confirmed, noting that "the fact of presenting information on a new, different medium, even if capable of reaching a wider audience more readily, does not make it 'news,' for purposes of qualifying for the newsperson's privilege. Simply put, new media should not be confused with news media."
Links and Case Documents:
June 30, 2009 Decision: http://www.citmedialaw.org/sites/citmedialaw.org/files/2009-06-30-TMM%20v.%20Hale%20Decision.pdf
http://www.citmedialaw.org/threats/too-much-media-llc-v-hale
http://www.nj.com/news/index.ssf/2009/04/blogger_who_claimed_online_por.html
http://blog.nj.com/jerseyblogs/2009/05/are_bloggers_journalists_too_m.html
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125366610849190.xml&coll=1
N.J. appeals court hears arguments over whether blogger is protected by shield laws, NJ.com, Mar. 2, 2010
Apr. 22, 2010 Decision: http://pdfserver.amlaw.com/nj/Media-a0964-09.pdf
Asia Economic Institute v. Xcentric Ventures LLC
STATUS: Defendant's motion for summary judgment granted on May 4, 2011
C.D. Cal.: Ripoff Report Gets Another Big 47 USC 230 Win
Technology and Marketing Blog (Eric Goldman)
Keeping alive its truly remarkable winning streak, Ripoff Report got yet another decisive 47 USC 230 victory. This challenge came from Asia Economic Institute (AEI), suing over 6 posts to Ripoff Report from former AEI employees complaining about the work environment. The case raised some eyebrows last summer when the judge gave AEI a chance to plead a RICO claim. That ruling got some plaintiffs excited that a conspiracy theory might finally expose Ripoff Report to liability. No matter, as it turns out, because AEI still lost on summary judgment.
http://blog.ericgoldman.org/archives/2011/06/ripoff_report_g_2.htm
--Opinion: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/54737754/Asia-Economic-Institute-v-Xcentric-Summary-Judgment
See also
--Order Granting In Part Defendants' Motion for Summary Judgment: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081047/AEI-v-Xcentric-Summary-Judgment-Ruling
--First Amended Complaint: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081088/AEI-v-Xcentric-First-Amended-Complaint
C.D. Cal.: Ripoff Report Gets Another Big 47 USC 230 Win
Technology and Marketing Blog (Eric Goldman)
Keeping alive its truly remarkable winning streak, Ripoff Report got yet another decisive 47 USC 230 victory. This challenge came from Asia Economic Institute (AEI), suing over 6 posts to Ripoff Report from former AEI employees complaining about the work environment. The case raised some eyebrows last summer when the judge gave AEI a chance to plead a RICO claim. That ruling got some plaintiffs excited that a conspiracy theory might finally expose Ripoff Report to liability. No matter, as it turns out, because AEI still lost on summary judgment.
http://blog.ericgoldman.org/archives/2011/06/ripoff_report_g_2.htm
--Opinion: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/54737754/Asia-Economic-Institute-v-Xcentric-Summary-Judgment
See also
--Order Granting In Part Defendants' Motion for Summary Judgment: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081047/AEI-v-Xcentric-Summary-Judgment-Ruling
--First Amended Complaint: Asia Economic Institute v. Xcentric Ventures LLC
http://www.scribd.com/doc/35081088/AEI-v-Xcentric-First-Amended-Complaint
Huon v. Above the Law
STATUS: Complaint filed on May 6, 2011
N.D. Ill.: Lawyer Sues Legal Blog (Above the Law) for $50M Over Rape Story
Forbes (Blogs)
Getting publicly accused of committing rape is bad enough. Getting publicly accused of committing multiple rapes is considerably worse. Is the difference between the first and the second worth $50 million? That’s how much Chicago attorney Meanith Huon is seeking in damages from Above The Law, a legal-industry gossip blog, and its parent company, Breaking Media. Huon filed suit on May 6 in a federal district court in Illinois, claiming that an erroneous blog post has caused him emotional distress, destroyed his reputation and hurt his ability to find employment.
http://blogs.forbes.com/jeffbercovici/2011/05/11/lawyer-sues-legal-blog-for-50m-over-rape-story/
--Complaint: Huon v. Above the Law
http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv03054/255448/1/
N.D. Ill.: Lawyer Sues Legal Blog (Above the Law) for $50M Over Rape Story
Forbes (Blogs)
Getting publicly accused of committing rape is bad enough. Getting publicly accused of committing multiple rapes is considerably worse. Is the difference between the first and the second worth $50 million? That’s how much Chicago attorney Meanith Huon is seeking in damages from Above The Law, a legal-industry gossip blog, and its parent company, Breaking Media. Huon filed suit on May 6 in a federal district court in Illinois, claiming that an erroneous blog post has caused him emotional distress, destroyed his reputation and hurt his ability to find employment.
http://blogs.forbes.com/jeffbercovici/2011/05/11/lawyer-sues-legal-blog-for-50m-over-rape-story/
--Complaint: Huon v. Above the Law
http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv03054/255448/1/
Righthaven LLC v. Choudhry
STATUS: Defendants’ motion to dismiss, or in the alternative, motion for judgment on the pleadings, or in the alternative, motion for summary judgment was denied and plaintiff's motion to dismiss, or in the alternative, to strike the declaratory relief counterclaim was also denied on May 3, 2011
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
Righthaven LLC v. Jama
STATUS: Summary judgment granted for defendant on April 22, 2011
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
In re John Does 1 and 2
STATUS: Decided April 15, 2011
Tex.: Google doesn't have to disclose Southeast Texas bloggers identities, Texas Supreme Court says
Beaumont Enterprise
An order to compel Internet giant Google to disclose the identity of two anonymous bloggers accused of defaming a Southeast Texas private detective and blogger has been struck down by the Texas Supreme Court. Phillip R. Klein sued Google to learn the identity behind two blogs, OperationKleinwatch and SamTheEagleUSA, that directed satire and criticism at him. Klein sought their identities to pursue claims of copyright infringement, defamation, conspiracy and invasion of privacy against them.
http://www.beaumontenterprise.com/news/article/Google-doesn-t-have-to-disclose-Southeast-Texas-1342330.php
--Opinion: In re John does 1 and 2
http://www.supreme.courts.state.tx.us/historical/2011/apr/100366.htm
Tex.: Google doesn't have to disclose Southeast Texas bloggers identities, Texas Supreme Court says
Beaumont Enterprise
An order to compel Internet giant Google to disclose the identity of two anonymous bloggers accused of defaming a Southeast Texas private detective and blogger has been struck down by the Texas Supreme Court. Phillip R. Klein sued Google to learn the identity behind two blogs, OperationKleinwatch and SamTheEagleUSA, that directed satire and criticism at him. Klein sought their identities to pursue claims of copyright infringement, defamation, conspiracy and invasion of privacy against them.
http://www.beaumontenterprise.com/news/article/Google-doesn-t-have-to-disclose-Southeast-Texas-1342330.php
--Opinion: In re John does 1 and 2
http://www.supreme.courts.state.tx.us/historical/2011/apr/100366.htm
Sherrod v. Breitbart
UPDATE (4/20/2011)
STATUS: Defendant filed a motion to dismiss on April 18, 2011
D.D.C.: Andrew Breitbart Argues for Dismissal, Challenges Venue in Sherrod Lawsuit
The Blog of LegalTimes
In a slew of new filings yesterday [April 18, 2011] in the libel lawsuit brought by former U.S. Department of Agriculture official Shirley Sherrod against conservative blogger Andrew Breitbart, Breitbart and one of his co-defendants argued for a dismissal or, at the very least, a change of venue. . . In a joint motion for dismissal filed yesterday [April 18, 2011] in U.S. District Court for the District of Columbia, Breitbart and co-defendant Larry O’Connor, who works with Breitbart, claim that in lodging accusations of racism against Sherrod based on her comments in the clip, they were engaging in protected speech under the First Amendment.
http://legaltimes.typepad.com/blt/2011/04/andrew-breitbart-argues-for-dismissal-challenges-venue-in-sherrod-lawsuit.html
--Defendant's Motion to Dismiss: Sherrod v. Breitbart
http://legaltimes.typepad.com/files/motion-to-disimss-or-transfer-venue.pdf
STATUS: Complaint filed Feb 11, 2011
D.C. Super.: Former USDA Employee Sues Conservative Blogger Over Video Posting
CNN
A former Department of Agriculture employee who was forced to resign last year after the posting of a misleading video has filed suit against Andrew Breitbart, the conservative blogger who posted it. Shirley Sherrod's suit was filed in District of Columbia Superior Court on Friday. The civil suit accuses Breitbart of "defamation, false light and infliction of emotional distress," according to a statement issued by the law firm representing her.
http://www.cnn.com/2011/POLITICS/02/14/sherrod.lawsuit/index.html?section=cnn_latest
--Complaint: Sherrod v. Breitbart
http://www.talkingpointsmemo.com/documents/2011/02/shirley-sherrods-dc-superior-court-libel-complaint-against-andrew-breitbart.php?page=1
STATUS: Defendant filed a motion to dismiss on April 18, 2011
D.D.C.: Andrew Breitbart Argues for Dismissal, Challenges Venue in Sherrod Lawsuit
The Blog of LegalTimes
In a slew of new filings yesterday [April 18, 2011] in the libel lawsuit brought by former U.S. Department of Agriculture official Shirley Sherrod against conservative blogger Andrew Breitbart, Breitbart and one of his co-defendants argued for a dismissal or, at the very least, a change of venue. . . In a joint motion for dismissal filed yesterday [April 18, 2011] in U.S. District Court for the District of Columbia, Breitbart and co-defendant Larry O’Connor, who works with Breitbart, claim that in lodging accusations of racism against Sherrod based on her comments in the clip, they were engaging in protected speech under the First Amendment.
http://legaltimes.typepad.com/blt/2011/04/andrew-breitbart-argues-for-dismissal-challenges-venue-in-sherrod-lawsuit.html
--Defendant's Motion to Dismiss: Sherrod v. Breitbart
http://legaltimes.typepad.com/files/motion-to-disimss-or-transfer-venue.pdf
STATUS: Complaint filed Feb 11, 2011
D.C. Super.: Former USDA Employee Sues Conservative Blogger Over Video Posting
CNN
A former Department of Agriculture employee who was forced to resign last year after the posting of a misleading video has filed suit against Andrew Breitbart, the conservative blogger who posted it. Shirley Sherrod's suit was filed in District of Columbia Superior Court on Friday. The civil suit accuses Breitbart of "defamation, false light and infliction of emotional distress," according to a statement issued by the law firm representing her.
http://www.cnn.com/2011/POLITICS/02/14/sherrod.lawsuit/index.html?section=cnn_latest
--Complaint: Sherrod v. Breitbart
http://www.talkingpointsmemo.com/documents/2011/02/shirley-sherrods-dc-superior-court-libel-complaint-against-andrew-breitbart.php?page=1
Righthaven LLC v. Dibiase
UPDATE (4/20/2011)
STATUS: Order granting defendant's motion to dismiss in part
D. Nev.: Blog Won't Change Hands Despite Plagiarism Claim
Courthouse News Service
The copyright holder Righthaven cannot take over a website dedicated to "no body" murder cases to satisfy charges that the site plagiarized a Las Vegas newspaper article, a federal judge ruled. . .The company claimed that DiBiase published an article from the Las Vegas Review Journal on his website without permission, and requested a court order transferring control of DiBiase's domain name to Righthaven.
http://www.courthousenews.com/2011/04/19/35929.htm
STATUS: Counterclaim Filed Oct. 29, 2010
D.Nev.: Free Speech Group Files Counterclaim Against Copyright Enforcement Firm
Las Vegas Sun
The counterclaim says there was no infringement of a Review-Journal story that was displayed on the www.nobodycases.com website [owned by Dibiase] because the display was protected by the fair use doctrine of copyright law. The attorneys say that’s partly because the story at issue is still available for free on the Review-Journal website while Righthaven has no plans to use the story in ways copyright holders normally do — by reproducing it, making derivative works of it or selling, leasing or publicly displaying it.
http://www.lasvegassun.com/news/2010/oct/30/free-speech-group-files-counterclaim-against-copyr/
--Counterclaim: Righthaven LLC v. Dibiase
http://www.scribd.com/doc/40515497/DiBiase-Answer-and-Counterclaim
See also:
D.Nev.: Criminal Justice Blog Battles Copyright Troll
Electronic Frontier Foundation
DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages.
https://www.eff.org/press/archives/2010/11/01
--Complaint: Righthaven LLC v. Dibiase
http://www.eff.org/files/filenode/righthaven_v_dib/DiBiaseComplaint.pdf
STATUS: Order granting defendant's motion to dismiss in part
D. Nev.: Blog Won't Change Hands Despite Plagiarism Claim
Courthouse News Service
The copyright holder Righthaven cannot take over a website dedicated to "no body" murder cases to satisfy charges that the site plagiarized a Las Vegas newspaper article, a federal judge ruled. . .The company claimed that DiBiase published an article from the Las Vegas Review Journal on his website without permission, and requested a court order transferring control of DiBiase's domain name to Righthaven.
http://www.courthousenews.com/2011/04/19/35929.htm
STATUS: Counterclaim Filed Oct. 29, 2010
D.Nev.: Free Speech Group Files Counterclaim Against Copyright Enforcement Firm
Las Vegas Sun
The counterclaim says there was no infringement of a Review-Journal story that was displayed on the www.nobodycases.com website [owned by Dibiase] because the display was protected by the fair use doctrine of copyright law. The attorneys say that’s partly because the story at issue is still available for free on the Review-Journal website while Righthaven has no plans to use the story in ways copyright holders normally do — by reproducing it, making derivative works of it or selling, leasing or publicly displaying it.
http://www.lasvegassun.com/news/2010/oct/30/free-speech-group-files-counterclaim-against-copyr/
--Counterclaim: Righthaven LLC v. Dibiase
http://www.scribd.com/doc/40515497/DiBiase-Answer-and-Counterclaim
See also:
D.Nev.: Criminal Justice Blog Battles Copyright Troll
Electronic Frontier Foundation
DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages.
https://www.eff.org/press/archives/2010/11/01
--Complaint: Righthaven LLC v. Dibiase
http://www.eff.org/files/filenode/righthaven_v_dib/DiBiaseComplaint.pdf
Shamblin v. Martinez
UPDATE (4/20/2011)
STATUS: Judgment granting defendant's motion for summary judgment was affirmed on April 13, 2011
Tenn. App.: Cult Accusations Lacked Malice, Court Affirms
Courthouse News Service
A Christian weight-loss guru failed to prove that she was defamed by a critic who accused her on the Internet of running a cult, a Tennessee appeals court ruled. Gwen Shamblin, leader of the Remnant Fellowship Church in Brentwood, Tenn., sued Rafael Martinez after he made an allegedly defamatory comment about her on the Celebgalz.com website. . . "We have reviewed the record in the light most favorable to the plaintiffs and have determined that the record does not contain clear and convincing evidence upon which a trier of fact could find actual malice," Judge Richard Dinkins wrote on behalf of the appeals court.
http://www.courthousenews.com/2011/04/18/35887.htm
--Opinion: Shamblin v. Martinez
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/112/Gwen%20Shamblin%20et%20al%20v%20Rafael%20Martinez.pdf
See also:
Shamblin v. Anonymous Blogger, No. 06648 (Tenn. Dist. Ct., Williamson County filed Nov. 6, 2006).
Gwen Shamblin and 78 members of the Remnant Fellowship Church that she leads sued an anonymous blogger, and Rafael Martinez, who operates the web site spiritwatch.org, for statements labeling the church as a cult and saying that it advocates starvation and torture of children. In April 2007, plaintiff voluntarily dismissed the suit.
Links and Court Documents:
http://www.newschannel5.com/Global/story.asp?S=5909117
http://www.wkrn.com/nashville/news/remnant-church-files-defamation-lawsuit/85157.htm
http://www.tennessean.com/apps/pbcs.dll/article?AID=/20070315/NEWS01/703150391 Complaint: http://www.spiritwatch.org/shamblie1.pdf
Defendant’s motion to dismiss: http://www.spiritwatch.org/martinezmotion.pdf
Plaintiff’s notice of voluntary dismissal: http://www.spiritwatch.org/MartinezNoticeOrder-1.pdf
Spirit Watch statements on the suit: http://www.spiritwatch.org/shamblie2.htm
STATUS: Judgment granting defendant's motion for summary judgment was affirmed on April 13, 2011
Tenn. App.: Cult Accusations Lacked Malice, Court Affirms
Courthouse News Service
A Christian weight-loss guru failed to prove that she was defamed by a critic who accused her on the Internet of running a cult, a Tennessee appeals court ruled. Gwen Shamblin, leader of the Remnant Fellowship Church in Brentwood, Tenn., sued Rafael Martinez after he made an allegedly defamatory comment about her on the Celebgalz.com website. . . "We have reviewed the record in the light most favorable to the plaintiffs and have determined that the record does not contain clear and convincing evidence upon which a trier of fact could find actual malice," Judge Richard Dinkins wrote on behalf of the appeals court.
http://www.courthousenews.com/2011/04/18/35887.htm
--Opinion: Shamblin v. Martinez
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/112/Gwen%20Shamblin%20et%20al%20v%20Rafael%20Martinez.pdf
See also:
Shamblin v. Anonymous Blogger, No. 06648 (Tenn. Dist. Ct., Williamson County filed Nov. 6, 2006).
Gwen Shamblin and 78 members of the Remnant Fellowship Church that she leads sued an anonymous blogger, and Rafael Martinez, who operates the web site spiritwatch.org, for statements labeling the church as a cult and saying that it advocates starvation and torture of children. In April 2007, plaintiff voluntarily dismissed the suit.
Links and Court Documents:
http://www.newschannel5.com/Global/story.asp?S=5909117
http://www.wkrn.com/nashville/news/remnant-church-files-defamation-lawsuit/85157.htm
http://www.tennessean.com/apps/pbcs.dll/article?AID=/20070315/NEWS01/703150391 Complaint: http://www.spiritwatch.org/shamblie1.pdf
Defendant’s motion to dismiss: http://www.spiritwatch.org/martinezmotion.pdf
Plaintiff’s notice of voluntary dismissal: http://www.spiritwatch.org/MartinezNoticeOrder-1.pdf
Spirit Watch statements on the suit: http://www.spiritwatch.org/shamblie2.htm
Payne v. Unknown Defendants
STATUS: Complaint filed April 11, 2011
Ky. Cir. Ct.: Blogger Sues Blogger for Defamation
United Press International
A Louisville, Ky., political and media blogger asked a judge to force a nameless blogger making allegedly libelous remarks to reveal himself, a lawsuit says. Jacob Payne, who writes the The 'Ville Voice and Page One blogs, claims the Jake Payne Watch blog's only purpose is to "defame, malign and tarnish" Payne's reputation, the lawsuit filed in Kentucky's 23rd Judicial Circuit Court in Jefferson County alleges. Jake Payne Watch alleges Payne plagiarized material, lied about his education and was a "paid shill against fighting Kentucky's meth problem."
http://www.upi.com/Top_News/US/2011/04/14/Blogger-sues-blogger-for-defamation/UPI-61591302818465/#ixzz1JbxxMfAH
--Complaint: Payne v. Unknown Defendants
http://fatlip.leoweekly.com/2011/04/15/local-blogger-files-lawsuit-against-blog/
Ky. Cir. Ct.: Blogger Sues Blogger for Defamation
United Press International
A Louisville, Ky., political and media blogger asked a judge to force a nameless blogger making allegedly libelous remarks to reveal himself, a lawsuit says. Jacob Payne, who writes the The 'Ville Voice and Page One blogs, claims the Jake Payne Watch blog's only purpose is to "defame, malign and tarnish" Payne's reputation, the lawsuit filed in Kentucky's 23rd Judicial Circuit Court in Jefferson County alleges. Jake Payne Watch alleges Payne plagiarized material, lied about his education and was a "paid shill against fighting Kentucky's meth problem."
http://www.upi.com/Top_News/US/2011/04/14/Blogger-sues-blogger-for-defamation/UPI-61591302818465/#ixzz1JbxxMfAH
--Complaint: Payne v. Unknown Defendants
http://fatlip.leoweekly.com/2011/04/15/local-blogger-files-lawsuit-against-blog/
Righthaven LLC v. Mostofi
STATUS: Defendant's motion to dismiss denied March 22, 2011
D. Nev.: Righthaven wins round in litigation campaign
Las Vegas Sun
One of Righthaven LLC's long-running copyright infringement lawsuits will continue in federal court in Las Vegas after a judge denied motions to dismiss or for a change of venue. The ruling against Dean Mostofi illustrates something for Righthaven defendants: While two Righthaven defendants have defeated Righthaven on fair use grounds, motions for dismissal based on jurisdictional grounds continue to fail.
http://www.lasvegassun.com/news/2011/mar/29/righthaven-wins-round-litigation-campaign/
--Order Denying Motion to Dismiss: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.19.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.1.0.pdf
D. Nev.: Righthaven wins round in litigation campaign
Las Vegas Sun
One of Righthaven LLC's long-running copyright infringement lawsuits will continue in federal court in Las Vegas after a judge denied motions to dismiss or for a change of venue. The ruling against Dean Mostofi illustrates something for Righthaven defendants: While two Righthaven defendants have defeated Righthaven on fair use grounds, motions for dismissal based on jurisdictional grounds continue to fail.
http://www.lasvegassun.com/news/2011/mar/29/righthaven-wins-round-litigation-campaign/
--Order Denying Motion to Dismiss: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.19.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.1.0.pdf
Righthaven LLC v. Freedom Force Communications
STATUS: Defendants' answer and counterclaim filed March 15, 2011
D. Col.: Righthaven faces seventh counterclaim over copyright lawsuits
Las Vegas Sun
Las Vegas newspaper copyright enforcer Righthaven LLC was hit with a seventh counterclaim Tuesday, this time over one of its lawsuits over the Denver Post TSA pat-down photo. Attorneys Natalie Hanlon-Leh and Spencer Ross of the firm Faegre & Benson LLP in Denver filed the counterclaim in behalf of Freedom Force Communications, The Say Anything Blog, Scott Hennen and Rob Port. They were sued Feb. 4 after the photo appeared on the Minot, N.D.-based sayanythingblog.com website. . . The Say Anything Blog answer and counterclaim to the copyright infringement lawsuit charged, without elaboration, that Righthaven lacks standing to assert the copyright infringement claim.
http://www.lasvegassun.com/news/2011/mar/16/righthaven-faces-seventh-counterclaim-over-copyrig/
--Defendants' Answer and Counterclaim: Righthaven v. Freedom Force Communications
http://ia600405.us.archive.org/31/items/gov.uscourts.cod.124196/gov.uscourts.cod.124196.15.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Freedom Force Communications
http://www.scribd.com/doc/50893375/Complaint
D. Col.: Righthaven faces seventh counterclaim over copyright lawsuits
Las Vegas Sun
Las Vegas newspaper copyright enforcer Righthaven LLC was hit with a seventh counterclaim Tuesday, this time over one of its lawsuits over the Denver Post TSA pat-down photo. Attorneys Natalie Hanlon-Leh and Spencer Ross of the firm Faegre & Benson LLP in Denver filed the counterclaim in behalf of Freedom Force Communications, The Say Anything Blog, Scott Hennen and Rob Port. They were sued Feb. 4 after the photo appeared on the Minot, N.D.-based sayanythingblog.com website. . . The Say Anything Blog answer and counterclaim to the copyright infringement lawsuit charged, without elaboration, that Righthaven lacks standing to assert the copyright infringement claim.
http://www.lasvegassun.com/news/2011/mar/16/righthaven-faces-seventh-counterclaim-over-copyrig/
--Defendants' Answer and Counterclaim: Righthaven v. Freedom Force Communications
http://ia600405.us.archive.org/31/items/gov.uscourts.cod.124196/gov.uscourts.cod.124196.15.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Freedom Force Communications
http://www.scribd.com/doc/50893375/Complaint
Moore v. Hoff
UPDATE ( 8/29/11)
STATUS: Verdict stands against Blogger Johnny Northside.
Minn.Dist.: Verdict stands against blogger in firing at U
Star Tribune
A jury's $60,000 verdict against Minneapolis blogger John "Johnny Northside" Hoff for a posting that got a man fired will stand.
http://www.startribune.com/local/minneapolis/128638308.html
UPDATE (3/15/11)
STATUS: Moore awarded $60,000 in damages
Minn. Dist.: Blogger Johnny Northside must pay $60,000 to fired community leader
Star Tribune
Jurors said "Johnny Northside" intentionally interfered with man's job at U of M. Though blogger John (Johnny Northside) Hoff told the truth when he linked ex-community leader Jerry Moore to a high-profile mortgage fraud, the scathing blog post that got Moore fired justifies $60,000 in damages, a Hennepin County jury decided Friday. The jury awarded Moore $35,000 for lost wages and $25,000 for emotional distress.
http://www.startribune.com/local/117805398.html
STATUS: Trial commenced on March 7, 2011
Minn. Dist.: Suit against north Minneapolis blogger is going to trial
Star Tribune
Jury selection begins Monday in Hennepin County District Court in a 2009 suit by former Jordan Area Community Council executive director Jerry Moore against blogger John Hoff, known as "Johnny Northside."Moore sued Hoff, seeking at least $50,000, alleging a blog post Hoff wrote about him was untrue and got him fired from the University of Minnesota's Urban Research and Outreach/Engagement Center. Hoff, whose blog "The Adventures of Johnny Northside" garners 300 to 500 readers daily, said the post is true and he has documents to back it up.
http://www.startribune.com/local/117499498.html
STATUS: Verdict stands against Blogger Johnny Northside.
Minn.Dist.: Verdict stands against blogger in firing at U
Star Tribune
A jury's $60,000 verdict against Minneapolis blogger John "Johnny Northside" Hoff for a posting that got a man fired will stand.
http://www.startribune.com/local/minneapolis/128638308.html
UPDATE (3/15/11)
STATUS: Moore awarded $60,000 in damages
Minn. Dist.: Blogger Johnny Northside must pay $60,000 to fired community leader
Star Tribune
Jurors said "Johnny Northside" intentionally interfered with man's job at U of M. Though blogger John (Johnny Northside) Hoff told the truth when he linked ex-community leader Jerry Moore to a high-profile mortgage fraud, the scathing blog post that got Moore fired justifies $60,000 in damages, a Hennepin County jury decided Friday. The jury awarded Moore $35,000 for lost wages and $25,000 for emotional distress.
http://www.startribune.com/local/117805398.html
STATUS: Trial commenced on March 7, 2011
Minn. Dist.: Suit against north Minneapolis blogger is going to trial
Star Tribune
Jury selection begins Monday in Hennepin County District Court in a 2009 suit by former Jordan Area Community Council executive director Jerry Moore against blogger John Hoff, known as "Johnny Northside."Moore sued Hoff, seeking at least $50,000, alleging a blog post Hoff wrote about him was untrue and got him fired from the University of Minnesota's Urban Research and Outreach/Engagement Center. Hoff, whose blog "The Adventures of Johnny Northside" garners 300 to 500 readers daily, said the post is true and he has documents to back it up.
http://www.startribune.com/local/117499498.html
Mealer v. GMAC Mortgage LLC
STATUS: Defendant's motion for summary judgment was denied on Feb 24th, 2011
D. Ariz.: Unsuccessful 230(c)(2) Defense for Blog Comment
Technology & Marketing Blog (Eric Goldman)
The opinion states, "This case arises out of allegedly defamatory comments made in response to an internet blog posting. Mr. Mealer alleges that on June 9, 2009, Kris J. Kordella, an engineer for General Motors Corporation, made disparaging remarks about Mr. Mealer on his company's website. The remarks were a response to Mr. Mealer's posting about the General Motors Corporation bankruptcy on the Automotive News website. Mr. Mealer believes that those remarks had considerable sway on potential investors such that Mealer Companies lost all potential investment capital to the tune of $200,000,000. . . " [1-2]
GMAC asserted a 47 USC 230(c)(2) defense against liability for Kordella's comment. . . 230(c)(2) immunizes a website's own filtering decisions, as opposed to 230(c)(1)'s immunity for third party content. . . Because the facts aren't adequately connected to the legal defense, the court rejects it. The news isn't all bad for GMAC; even though it didn't get its 230(c)(2) defense, it is still clearly going to win this case.
http://blog.ericgoldman.org/archives/2011/03/unsuccessful_23.htm
--Opinion: Mealer v. GMAC Mortgage LLC
http://www.scribd.com/doc/49869629/Mealer-v-GMAC
D. Ariz.: Unsuccessful 230(c)(2) Defense for Blog Comment
Technology & Marketing Blog (Eric Goldman)
The opinion states, "This case arises out of allegedly defamatory comments made in response to an internet blog posting. Mr. Mealer alleges that on June 9, 2009, Kris J. Kordella, an engineer for General Motors Corporation, made disparaging remarks about Mr. Mealer on his company's website. The remarks were a response to Mr. Mealer's posting about the General Motors Corporation bankruptcy on the Automotive News website. Mr. Mealer believes that those remarks had considerable sway on potential investors such that Mealer Companies lost all potential investment capital to the tune of $200,000,000. . . " [1-2]
GMAC asserted a 47 USC 230(c)(2) defense against liability for Kordella's comment. . . 230(c)(2) immunizes a website's own filtering decisions, as opposed to 230(c)(1)'s immunity for third party content. . . Because the facts aren't adequately connected to the legal defense, the court rejects it. The news isn't all bad for GMAC; even though it didn't get its 230(c)(2) defense, it is still clearly going to win this case.
http://blog.ericgoldman.org/archives/2011/03/unsuccessful_23.htm
--Opinion: Mealer v. GMAC Mortgage LLC
http://www.scribd.com/doc/49869629/Mealer-v-GMAC
Simorangkir v. Love
UPDATE (3/3/2011)
STATUS: Settlement reached on Feb 3rd, 2011
Courtney Love to Pay $430,000 to Settle Twitter Defamation Case
The Hollywood Reporter
Rocker Courtney Love has settled the lawsuit brought against her by a fashion designer who claims she was defamed in a series of messages posted on Twitter. The settlement with Dawn Simorangkir (aka the “Boudior Queen”), which sources say is being finalized today and will be announced next week, will cost Love about $430,000.
http://www.hollywoodreporter.com/blogs/thr-esq/courtney-love-pay-430000-settle-163919
UPDATE (1/10/2011)
STATUS: Trial scheduled to commence on Feb 8th, 2011
Courtney Love Twitter Trial Moved to February
The Hollywood Reporter
Lawyers for Love and fashion designer Dawn Simorangkir—who is suing the rocker over a March 2009 tirade of Tweets in which Love called the self-proclaimed "Boudoir Queen" a prostitute and a thief—were in the Los Angeles courtroom of Hon. Debre Weintraub this morning for the final status conference in the case. The trial date, which was to have been on Jan 18, has been pushed to Feb 8 for scheduling purposes. The trial is expected to last at least a week.
http://www.hollywoodreporter.com/blogs/thr-esq/courtney-love-twitter-trial-moved-68744
See also:
OMG! Twitter Trial Looks GTG*
Blog Law Online (Eric P. Robinson)
. . . If there is no pre-trial settlement, this would apparently be the first defamation trial in U.S. based on comments posted on Twitter. While this would be the first defamation case involving what could arguably be considered a new medium, the standard requirements in a libel case will apply: that is, Simorangkir will have to show that Love's Tweeted comments would have been reasonably understood to disparage Simorangkir, and that Simorangkir actually suffered damages as a result.
http://bloglawonline.blogspot.com/2011/01/omg-twitter-trial-looks-gtg.html?utm_source=twitterfeed&utm_medium=twitter
Simorangkir v. Love, No. BC410593 (Cal. Super. filed March 26, 2009).
Status: Pending
Clothing designer Dawn Simorangkir sued singer Courtney Love for postings on Love’s blog (http://blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendId=165705423) and Twitter account disparaging Simorangkir, from whom she expressed an interest in buying clothing, after they had a falling out.
Love responded in August 2009 with a motion to dismiss under California's anti-SLAPP law, which was denied in October.
Links and Case Documents:
Designer sues Courtney Love over web rants (Malaysian Insider, March 28, 2009)
Courtney Love's Crazy MySpace Posts Earn Her a Lawsuit (Cleveland Leader, March 29, 2009)
Love Loses Bid to Throw Out Defamation Case (Contact Music, Oct. 27, 2009)
Judge Allows Twitter-Libel Suit Against Rocker Love (On Point News, Oct. 27. 2009)
Complaint
Special motion to dismiss (anti-SLAPP motion)
STATUS: Settlement reached on Feb 3rd, 2011
Courtney Love to Pay $430,000 to Settle Twitter Defamation Case
The Hollywood Reporter
Rocker Courtney Love has settled the lawsuit brought against her by a fashion designer who claims she was defamed in a series of messages posted on Twitter. The settlement with Dawn Simorangkir (aka the “Boudior Queen”), which sources say is being finalized today and will be announced next week, will cost Love about $430,000.
http://www.hollywoodreporter.com/blogs/thr-esq/courtney-love-pay-430000-settle-163919
UPDATE (1/10/2011)
STATUS: Trial scheduled to commence on Feb 8th, 2011
Courtney Love Twitter Trial Moved to February
The Hollywood Reporter
Lawyers for Love and fashion designer Dawn Simorangkir—who is suing the rocker over a March 2009 tirade of Tweets in which Love called the self-proclaimed "Boudoir Queen" a prostitute and a thief—were in the Los Angeles courtroom of Hon. Debre Weintraub this morning for the final status conference in the case. The trial date, which was to have been on Jan 18, has been pushed to Feb 8 for scheduling purposes. The trial is expected to last at least a week.
http://www.hollywoodreporter.com/blogs/thr-esq/courtney-love-twitter-trial-moved-68744
See also:
OMG! Twitter Trial Looks GTG*
Blog Law Online (Eric P. Robinson)
. . . If there is no pre-trial settlement, this would apparently be the first defamation trial in U.S. based on comments posted on Twitter. While this would be the first defamation case involving what could arguably be considered a new medium, the standard requirements in a libel case will apply: that is, Simorangkir will have to show that Love's Tweeted comments would have been reasonably understood to disparage Simorangkir, and that Simorangkir actually suffered damages as a result.
http://bloglawonline.blogspot.com/2011/01/omg-twitter-trial-looks-gtg.html?utm_source=twitterfeed&utm_medium=twitter
Simorangkir v. Love, No. BC410593 (Cal. Super. filed March 26, 2009).
Status: Pending
Clothing designer Dawn Simorangkir sued singer Courtney Love for postings on Love’s blog (http://blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendId=165705423) and Twitter account disparaging Simorangkir, from whom she expressed an interest in buying clothing, after they had a falling out.
Love responded in August 2009 with a motion to dismiss under California's anti-SLAPP law, which was denied in October.
Links and Case Documents:
Designer sues Courtney Love over web rants (Malaysian Insider, March 28, 2009)
Courtney Love's Crazy MySpace Posts Earn Her a Lawsuit (Cleveland Leader, March 29, 2009)
Love Loses Bid to Throw Out Defamation Case (Contact Music, Oct. 27, 2009)
Judge Allows Twitter-Libel Suit Against Rocker Love (On Point News, Oct. 27. 2009)
Complaint
Special motion to dismiss (anti-SLAPP motion)
Herman v. Xcentric Ventures, LLC
STATUS: Defendant's motion for summary judgment granted on Feb 14, 2011
N.D. Ga.: Ripoff Report Gets Another 47 USC 230 Dismissal
Technology & Marketing Law Blog (Eric Goldman)
This is a run-of-the-mill lawsuit against the Ripoff Report by an unhappy vendor. Herman is a lawyer (once again, the dreaded lawyer-as-plaintiff) unhappy with a posted report from a client alleging bad service. . . This [granting of summary judgment for defendant Ripoff Report] is a super win for the Ripoff Report and another sign that courts just don't want to hear the plaintiff's arguments (no matter how creative/desperate) trying to put the Ripoff Report on the hook for user postings.
http://blog.ericgoldman.org/archives/2011/02/ripoff_report_g_1.htm
--Decision: Herman v. Xcentric Ventures, LLC
http://www.scribd.com/doc/48895149/Herman-v-Xcentric-Dismissal
N.D. Ga.: Ripoff Report Gets Another 47 USC 230 Dismissal
Technology & Marketing Law Blog (Eric Goldman)
This is a run-of-the-mill lawsuit against the Ripoff Report by an unhappy vendor. Herman is a lawyer (once again, the dreaded lawyer-as-plaintiff) unhappy with a posted report from a client alleging bad service. . . This [granting of summary judgment for defendant Ripoff Report] is a super win for the Ripoff Report and another sign that courts just don't want to hear the plaintiff's arguments (no matter how creative/desperate) trying to put the Ripoff Report on the hook for user postings.
http://blog.ericgoldman.org/archives/2011/02/ripoff_report_g_1.htm
--Decision: Herman v. Xcentric Ventures, LLC
http://www.scribd.com/doc/48895149/Herman-v-Xcentric-Dismissal
Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)
STATUS: Complaint filed Feb 3rd, 2011
E.D. Mo.: Engineering Co. Seeks To Unmask Gossip Bloggers
MediaPost News
In the latest case aimed at unmasking Web users, a company that repairs turbine generators is asking a judge to order Google to disclose the identity of the author of a gossip blog. Mechanical Dynamics & Analysis, which has offices in St. Louis, alleges in court papers filed Thursday that the Sound Off blog defames current and former officers and also reveals company secrets. The court papers, filed with the U.S. District Court in the Eastern District of Missouri, seek "pre-case discovery" from Google.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=144388
--Complaint: Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)
http://www.scribd.com/doc/48185099/Mechanical-Dynamics-v-Google-Complaint
E.D. Mo.: Engineering Co. Seeks To Unmask Gossip Bloggers
MediaPost News
In the latest case aimed at unmasking Web users, a company that repairs turbine generators is asking a judge to order Google to disclose the identity of the author of a gossip blog. Mechanical Dynamics & Analysis, which has offices in St. Louis, alleges in court papers filed Thursday that the Sound Off blog defames current and former officers and also reveals company secrets. The court papers, filed with the U.S. District Court in the Eastern District of Missouri, seek "pre-case discovery" from Google.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=144388
--Complaint: Mechanical Dynamics & Analysis v. Google, Inc.; John Does (1-15)
http://www.scribd.com/doc/48185099/Mechanical-Dynamics-v-Google-Complaint
Righthaven LLC v. Pajamas Media, Inc.
STATUS: Complaint filed Jan 28th, 2011
D.Col.: Righthaven Goes After Pajamas Media, Despite DMCA Agent & Strong Fair Use Case
TechCrunch
Historically, Righthaven has been careful to avoid websites that have registered a DMCA agent, knowing that under the DMCA it's supposed to issue a takedown notice before suing. However, this case, in going after the successful blog network Pajamas Media, appears to ignore the fact that Pajamas Media has registered.
http://www.techdirt.com/articles/20110203/04505512939/righthaven-goes-after-pajamas-media-despite-dmca-agent-strong-fair-use-case.shtml
--Complaint: Righthaven LLC v. Pajamas Media, Inc.
http://www.scribd.com/doc/47970881/Righthaven-v-Pajamas-Media-Complaint
D.Col.: Righthaven Goes After Pajamas Media, Despite DMCA Agent & Strong Fair Use Case
TechCrunch
Historically, Righthaven has been careful to avoid websites that have registered a DMCA agent, knowing that under the DMCA it's supposed to issue a takedown notice before suing. However, this case, in going after the successful blog network Pajamas Media, appears to ignore the fact that Pajamas Media has registered.
http://www.techdirt.com/articles/20110203/04505512939/righthaven-goes-after-pajamas-media-despite-dmca-agent-strong-fair-use-case.shtml
--Complaint: Righthaven LLC v. Pajamas Media, Inc.
http://www.scribd.com/doc/47970881/Righthaven-v-Pajamas-Media-Complaint
Wolk v. Olson
UPDATE (1/18/2011)
STATUS: Appellant filed Emergency Motion to Seal Portions of Court Filings on Jan 17, 2010
3d Cir. : Lawyer Seeking Order That "Will Compel . . . Volokh to Remove His . . . Blog [Post]"
The Volokh Conspiracy
Glenn Reynolds (Instapundit), Marc Randazza (Legal Satyricon), Ed Whelan (National Review Online), and I [Eugene Volokh] signed an amicus brief supporting Overlawyered’s position in the appeal. Wolk’s lawyers then filed a response in opposition to the motion for leave to file that amicus brief. That response, filed on Wolk’s behalf by his lawyers, made a false assertion about a post of mine on incest law . . . Wolk has now asked the Third Circuit to retroactively seal parts of his response, apparently including the passages that my blog post criticized. . . If lawyers may compel a blogger to remove publications by retroactively sealing the court documents that those publications quoted, they could equally do the same to other online publishers, including newspapers, magazines, and more.
http://volokh.com/2011/01/17/lawyer-seeking-order-that-will-compel-volokh-to-remove-his-blog-post/
--Appellant's Emergency Motion to Seal Portions of Court Filings: Wolk v. Olson
http://cdn.volokh.com/wp/wp-content/uploads/2011/01/wolkmotiontoseal.pdf
STATUS: Defendant's Motion to Dismiss granted on Aug 2, 2010
E.D. Pa.: Discovery Rule for Libel Doesn't Apply to Blogs, Says Federal Judge
STATUS: Appellant filed Emergency Motion to Seal Portions of Court Filings on Jan 17, 2010
3d Cir. : Lawyer Seeking Order That "Will Compel . . . Volokh to Remove His . . . Blog [Post]"
The Volokh Conspiracy
Glenn Reynolds (Instapundit), Marc Randazza (Legal Satyricon), Ed Whelan (National Review Online), and I [Eugene Volokh] signed an amicus brief supporting Overlawyered’s position in the appeal. Wolk’s lawyers then filed a response in opposition to the motion for leave to file that amicus brief. That response, filed on Wolk’s behalf by his lawyers, made a false assertion about a post of mine on incest law . . . Wolk has now asked the Third Circuit to retroactively seal parts of his response, apparently including the passages that my blog post criticized. . . If lawyers may compel a blogger to remove publications by retroactively sealing the court documents that those publications quoted, they could equally do the same to other online publishers, including newspapers, magazines, and more.
http://volokh.com/2011/01/17/lawyer-seeking-order-that-will-compel-volokh-to-remove-his-blog-post/
--Appellant's Emergency Motion to Seal Portions of Court Filings: Wolk v. Olson
http://cdn.volokh.com/wp/wp-content/uploads/2011/01/wolkmotiontoseal.pdf
STATUS: Defendant's Motion to Dismiss granted on Aug 2, 2010
E.D. Pa.: Discovery Rule for Libel Doesn't Apply to Blogs, Says Federal Judge
Legal Intelligencer
Aviation lawyer and seasoned pilot Arthur Alan Wolk ... may have learned something new this week about the blogosphere when a federal judge tossed out his libel suit against the bloggers at Overlawyered.com. As U.S. District Judge Mary A. McLaughlin sees it, a blog is legally the same as any other "mass media," meaning that any libel lawsuit filed against a blog in Pennsylvania must make its way to court within one year.
Pilchelsky v. Gatelli
STATUS: The court quashes the appeals in part, vacates the order to disclose identities of commenters and remands
Pa. Super.: Court Reverses Order Unmasking Politician's Critics
MediaPost
Backing online commenters' right to anonymity, an appellate court in Pennsylvania has overturned an order requiring a Web site operator to disclose the identities of commenters who slammed a local politician.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=142524&nid=122400
--Decision: Pilchelsky v. Gatelli
http://mlrc.informz.net/z/cjUucD9taT0xMjExNzc1JnA9MSZ1PTAmbGk9NTA2MTAyNg/index.html
Pa. Super.: Court Reverses Order Unmasking Politician's Critics
MediaPost
Backing online commenters' right to anonymity, an appellate court in Pennsylvania has overturned an order requiring a Web site operator to disclose the identities of commenters who slammed a local politician.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=142524&nid=122400
--Decision: Pilchelsky v. Gatelli
http://mlrc.informz.net/z/cjUucD9taT0xMjExNzc1JnA9MSZ1PTAmbGk9NTA2MTAyNg/index.html
Blockowicz v. Williams, No. 09-C-3955 (N.D. Ill. Dec. 21, 2009)
UPDATE (1/5/11)
STATUS: 7th Circuit Court of Appeals affirmed the judgment of the district court on Dec. 27, 2010.
7th Cir.: Websites Don't Have to Remove Nasty Comments
Courthouse News Service
A website's host and manager are not bound by an injunction that ordered the removal of defamatory comments because they were not "in active concert or participation" with those who posted the comments, the 7th Circuit ruled.
http://www.courthousenews.com/2010/12/29/32959.htm
--Decision: Blockowicz v. Williams
http://caselaw.findlaw.com/us-7th-circuit/1549803.html
Status: Bloggers enjoined after default judgment.
The Blockowicz family brought suit against defendants Joseph David Williams and Michelle Ramey after they allegedly posted defamatory statements on various websites. The defendants defaulted, and on Oct. 6, 2009, the court entered a permanent injunction requiring the defendants to remove their postings from the websites. The plaintiffs, however, were unable to contact the defendants; instead they approached third party providers of the websites. One of these, RipoffReport.com, refused to comply, arguing the court had no jurisdiction over them. The court agreed, finding the provider was not "acting in concert or legally identified" with the enjoined party as required for the court to enforce an injunction against a non-party under F.R.C.P. 65(d). Accordingly, the court denied the Blockowicz's motion to compel.
Links and court documents
Opinion denying motion to compel, filed Dec. 21, 2009
Ripoff Report Not Bound by Takedown Injunction Against User - Blockowicz v. Williams, Technology & Law Marketing Blog, Dec. 22, 2009
Court Allows Libelous Post To Remain Online, MediaPost Blogs, Dec. 24, 2009
Righthaven LLC v. Neveu
STATUS: Neveu's Counterclaim filed on Dec 14th, 2010
Nev. Dist.: Third Defendant Countersues Righthaven, Stephens Media
Las Vegas Sun
Thomas Neveu of Dorchester, Mass., filed the counterclaim in U.S. District Court for Nevada on Tuesday against Review-Journal owner Stephens Media LLC and Stephens Media's copyright enforcement partner, Righthaven LLC. Neveu becomes the third Righthaven defendant to sue Stephens Media and Righthaven and his complaint was patterned after the others filed by attorneys for the online freedom of speech and privacy group the Electronic Frontier Foundation.
http://www.lasvegassun.com/news/2010/dec/15/third-defendant-countersues-righthaven-stephens-me/
--Complaint: Righthaven v. Neveu
http://www.scribd.com/doc/38311922/Complaint-Right-Haven
Nev. Dist.: Third Defendant Countersues Righthaven, Stephens Media
Las Vegas Sun
Thomas Neveu of Dorchester, Mass., filed the counterclaim in U.S. District Court for Nevada on Tuesday against Review-Journal owner Stephens Media LLC and Stephens Media's copyright enforcement partner, Righthaven LLC. Neveu becomes the third Righthaven defendant to sue Stephens Media and Righthaven and his complaint was patterned after the others filed by attorneys for the online freedom of speech and privacy group the Electronic Frontier Foundation.
http://www.lasvegassun.com/news/2010/dec/15/third-defendant-countersues-righthaven-stephens-me/
--Complaint: Righthaven v. Neveu
http://www.scribd.com/doc/38311922/Complaint-Right-Haven
Rosales v. Adelman
STATUS: Complaint filed Dec 12th, 2010
Tex. Dist.: Harried Dog: Avi Adelman Gets Sued for Libel
Dallas Observer News
A bar and restaurant owner last week sued Avi Adelman, operator of the barkingdogs.org website and all around pain in the butt to bars on Lower Greenville Avenue, for libel. Through Barking Dogs, Adelman has been nipping at the heels of Lost Society on Lower Greenville since at least June, when bar co-owner Brightman "Brian" Nwatu was taken into custody, accused of evading deportation for five years. Two days later, Adelman followed up with news that Fernando Rosales, Lost Society's co-owner, had been popped by the Texas Alcoholic Beverage Commission for claiming to be the sole owner of Lost Society.
http://www.dallasobserver.com/2010-12-16/news/harried-dog-avi-adelman-gets-sued-for-libel/
--Complaint: Rosales v. Adelman
http://www.barkingdogs.org/lostsociety/CC_10_08658_E.pdf
Tex. Dist.: Harried Dog: Avi Adelman Gets Sued for Libel
Dallas Observer News
A bar and restaurant owner last week sued Avi Adelman, operator of the barkingdogs.org website and all around pain in the butt to bars on Lower Greenville Avenue, for libel. Through Barking Dogs, Adelman has been nipping at the heels of Lost Society on Lower Greenville since at least June, when bar co-owner Brightman "Brian" Nwatu was taken into custody, accused of evading deportation for five years. Two days later, Adelman followed up with news that Fernando Rosales, Lost Society's co-owner, had been popped by the Texas Alcoholic Beverage Commission for claiming to be the sole owner of Lost Society.
http://www.dallasobserver.com/2010-12-16/news/harried-dog-avi-adelman-gets-sued-for-libel/
--Complaint: Rosales v. Adelman
http://www.barkingdogs.org/lostsociety/CC_10_08658_E.pdf
Smith v. Arden
STATUS: Complaint filed on Dec 2nd, 2010
D.Utah: Motivational Speaker Sues for Defamation, Seeks to Unmask Commentators
MediaPost
A motivational speaker has sued Elizabeth Arden's Complaintsboard.com, blog host WordPress, and the Buffalo, N.Y.-based news site Artvoice for allegedly hosting libelous comments by users.
In a complaint filed Thursday in U.S. District Court in Utah, James Smith, who gives talks about real estate and financial matters, alleges that he was defamed by online comments accusing him of having "extramarital affairs" and asserting that "he and his entities are dishonest, deceitful, untrustworthy, and who fleece investors."
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=140542&nid=121417
--Complaint: Smith v. Arden
http://mlrc.informz.net/z/cjUucD9taT0xMTU4NDAwJnA9MSZ1PTAmbGk9NDgwODA0NA/index.html
D.Utah: Motivational Speaker Sues for Defamation, Seeks to Unmask Commentators
MediaPost
A motivational speaker has sued Elizabeth Arden's Complaintsboard.com, blog host WordPress, and the Buffalo, N.Y.-based news site Artvoice for allegedly hosting libelous comments by users.
In a complaint filed Thursday in U.S. District Court in Utah, James Smith, who gives talks about real estate and financial matters, alleges that he was defamed by online comments accusing him of having "extramarital affairs" and asserting that "he and his entities are dishonest, deceitful, untrustworthy, and who fleece investors."
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=140542&nid=121417
--Complaint: Smith v. Arden
http://mlrc.informz.net/z/cjUucD9taT0xMTU4NDAwJnA9MSZ1PTAmbGk9NDgwODA0NA/index.html
People of the State of New York v. Raphael Golb
STATUS: Trial commenced Sept 14, 2010
N.Y. Sup.: Dead Sea Scrolls Debate Spurs NY Criminal Trial
Associated Press
Attorney, Raphael Golb, went on trial Tuesday on criminal charges of online impersonation and harassment for creating false emails and blog posts in a hoax to champion his professor father's views and discredit NYU professor Lawrence Schiffman's views in a debate over the origin of the Dead Sea Scrolls. While impersonation claims have generated civil lawsuits, prosecutions are few unless phony identities are used to steal money, experts say. Golb, 50, has pleaded not guilty to identity theft, criminal impersonation and other charges. He hasn't acknowledged crafting the messages, but his lawyers say the plagiarism allegations are true, and the writings amount to typical blogosphere banter — not crime.
http://news.yahoo.com/s/ap/20100914/ap_on_re_us/us_dead_sea_scrolls_3" target="_blank
--Grand Jury Indictment
http://www.bobcargill.com/Gadda/grand_jury_indictment_golb.pdf" target="_blank
--Other Legal Filings
http://www.bobcargill.com/who-is-charles-gadda.html#Legal_Filings" target="_blank
UPDATE (11/18/10)
STATUS: Golb sentenced six months imprisonment on Nov. 18, 2010
N.Y. Sup.: Raphael Golb Gets Six Months in Prison for Impersonating Dead Sea Scrolls Scholar
New York Daily News
N.Y. Sup.: Dead Sea Scrolls Debate Spurs NY Criminal Trial
Associated Press
Attorney, Raphael Golb, went on trial Tuesday on criminal charges of online impersonation and harassment for creating false emails and blog posts in a hoax to champion his professor father's views and discredit NYU professor Lawrence Schiffman's views in a debate over the origin of the Dead Sea Scrolls. While impersonation claims have generated civil lawsuits, prosecutions are few unless phony identities are used to steal money, experts say. Golb, 50, has pleaded not guilty to identity theft, criminal impersonation and other charges. He hasn't acknowledged crafting the messages, but his lawyers say the plagiarism allegations are true, and the writings amount to typical blogosphere banter — not crime.
http://news.yahoo.com/s/ap/20100914/ap_on_re_us/us_dead_sea_scrolls_3" target="_blank
--Grand Jury Indictment
http://www.bobcargill.com/Gadda/grand_jury_indictment_golb.pdf" target="_blank
--Other Legal Filings
http://www.bobcargill.com/who-is-charles-gadda.html#Legal_Filings" target="_blank
UPDATE (11/18/10)
STATUS: Golb sentenced six months imprisonment on Nov. 18, 2010
N.Y. Sup.: Raphael Golb Gets Six Months in Prison for Impersonating Dead Sea Scrolls Scholar
New York Daily News
Swift v. Zynga
Status: Defendant's Motion to Dismiss Amended Complaint denied on Nov. 3, 2010
N.D. Cal.: Ad Networks Can't Get 47 USC 230 Defense on Motion to Dismiss
Eric Goldman
The Court distinguishes the Goddard case [from Swift] because "Plaintiff has not alleged that Zynga is a 'neutral' website that merely allows third parties to post advertisements. Instead, Plaintiff asserts that Zynga is a direct participant in the fraudulent transactions that are the subject of this case, as outlined above. Therefore, at this stage, Zynga's motion to dismiss based on CDA immunity is denied." From my perspective, the court does not carefully distinguish between an ad network's economic interest (which, it's clear from the many apropos cases, is immaterial to the 47 USC 230 analysis) and an ad network's substantive contribution to the offending content.
http://blog.ericgoldman.org/archives/2010/11/ad_networks_can.htm
--Order Denying Motion to Dismiss: Swift v. Zynga
http://www.scribd.com/doc/40920116/Swift-v-Zynga-Motion-to-Dismiss-Denial
See also:
N.D. Cal.: Facebook, Zynga Sued Over "Scammy Offers"
San Francisco Business Times
N.D. Cal.: Ad Networks Can't Get 47 USC 230 Defense on Motion to Dismiss
Eric Goldman
The Court distinguishes the Goddard case [from Swift] because "Plaintiff has not alleged that Zynga is a 'neutral' website that merely allows third parties to post advertisements. Instead, Plaintiff asserts that Zynga is a direct participant in the fraudulent transactions that are the subject of this case, as outlined above. Therefore, at this stage, Zynga's motion to dismiss based on CDA immunity is denied." From my perspective, the court does not carefully distinguish between an ad network's economic interest (which, it's clear from the many apropos cases, is immaterial to the 47 USC 230 analysis) and an ad network's substantive contribution to the offending content.
http://blog.ericgoldman.org/archives/2010/11/ad_networks_can.htm
--Order Denying Motion to Dismiss: Swift v. Zynga
http://www.scribd.com/doc/40920116/Swift-v-Zynga-Motion-to-Dismiss-Denial
See also:
N.D. Cal.: Facebook, Zynga Sued Over "Scammy Offers"
San Francisco Business Times
Righthaven LLC v. Realty One Group Inc.
STATUS: Defendant's Motion to Dismiss granted on Oct. 18, 2010
D.Nev.: Righthaven Loses Lawsuit Against Blogger
MediaPost
A blogger who used eight sentences of a 30-sentence Las Vegas Review-Journal article has prevailed in a lawsuit brought by copyright enforcement outfit Righthaven. U.S. District Court Judge Larry Hicks ruled that realtor Michael Nelson, who also blogs about home ownership, is protected by the fair use doctrine.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=138060
--Order: Righthaven LLC v. Realty One Group Inc.
http://ia700107.us.archive.org/18/items/gov.uscourts.nvd.74413/gov.uscourts.nvd.74413.17.0.pdf
See also:
--Complaint: Righthaven LLC v. Realty One Group Inc.
http://www.scribd.com/doc/35306083/Righthaven-Copyright-Infringement-Complaint-against-Realty-One-Group-Inc-et-al
UPDATE (10/27/10)
D.Nev.: Righthaven Files 2 Copyright Lawsuits, Settles 3
Las Vegas Sun
Two website operators were sued for copyright infringement Tuesday by Righthaven LLC, boosting Righthaven's lawsuit total since March to at least 159.
http://www.lasvegassun.com/news/2010/oct/27/righthaven-files-2-copyright-lawsuits-settles-3/
--Complaint: Righthaven LLC v. Karban
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01880/77053/
--Complaint: Righthaven LLC v. The Ad Network, Inc.
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01879/77052/
D.Nev.: Righthaven Loses Lawsuit Against Blogger
MediaPost
A blogger who used eight sentences of a 30-sentence Las Vegas Review-Journal article has prevailed in a lawsuit brought by copyright enforcement outfit Righthaven. U.S. District Court Judge Larry Hicks ruled that realtor Michael Nelson, who also blogs about home ownership, is protected by the fair use doctrine.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=138060
--Order: Righthaven LLC v. Realty One Group Inc.
http://ia700107.us.archive.org/18/items/gov.uscourts.nvd.74413/gov.uscourts.nvd.74413.17.0.pdf
See also:
--Complaint: Righthaven LLC v. Realty One Group Inc.
http://www.scribd.com/doc/35306083/Righthaven-Copyright-Infringement-Complaint-against-Realty-One-Group-Inc-et-al
UPDATE (10/27/10)
D.Nev.: Righthaven Files 2 Copyright Lawsuits, Settles 3
Las Vegas Sun
Two website operators were sued for copyright infringement Tuesday by Righthaven LLC, boosting Righthaven's lawsuit total since March to at least 159.
http://www.lasvegassun.com/news/2010/oct/27/righthaven-files-2-copyright-lawsuits-settles-3/
--Complaint: Righthaven LLC v. Karban
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01880/77053/
--Complaint: Righthaven LLC v. The Ad Network, Inc.
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01879/77052/
Bobolas v. Does 1-100
STATUS: Plaintiff's Motions for Temporary Restraining Order and for Preservation of Documents denied. Plaintiff's Motions for Expedited Consideration and Sealing of Documents granted.
D. Ariz.: Blog Host Can't Be Bound by TRO for User Posts
Eric Goldman
This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas. Bobolas seeks a TRO against both the blog authors [Does] and against non-party GoDaddy, which appears to host the blog and act as its domain name registrar. . . The court rejects the TRO against the US Does, saying that Bobolas hasn't been able to show that the allegedly defamatory posts were made by them and did not provide enough evidence to support that the published statements were actionable defamatory (as opposed to non-actionable opinions or lacking the requisite scienter). The court also rejects a request to shut down the blog entirely, properly noting that doing so would be an impermissible prior restraint.
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA5OA/index.html
--Opinion: Bobolas v. Does 1-100
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA5OQ/index.html
D. Ariz.: Blog Host Can't Be Bound by TRO for User Posts
Eric Goldman
This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas. Bobolas seeks a TRO against both the blog authors [Does] and against non-party GoDaddy, which appears to host the blog and act as its domain name registrar. . . The court rejects the TRO against the US Does, saying that Bobolas hasn't been able to show that the allegedly defamatory posts were made by them and did not provide enough evidence to support that the published statements were actionable defamatory (as opposed to non-actionable opinions or lacking the requisite scienter). The court also rejects a request to shut down the blog entirely, properly noting that doing so would be an impermissible prior restraint.
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA5OA/index.html
--Opinion: Bobolas v. Does 1-100
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA5OQ/index.html
Tarazi v. Oshri
STATUS: Answer filed 10/12/2010
S.D. Ohio: Rifqa Bary fallout: Blogger, Orlando lawyer fight $10M defamation lawsuit
Associated Press
A blogger and an Orlando lawyer who were sued over comments they made in the Rifqa Bary case said in court filings Tuesday that their remarks and postings were constitutionally protected free speech.
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA4NQ/index.html
--Complaint: Tarazi v. Oshry et al.
http://www.blogger.com/zcpre_4357086_zcpost
--Answer: Tarazi v. Oshry et al.
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA4Nw/index.html
S.D. Ohio: Rifqa Bary fallout: Blogger, Orlando lawyer fight $10M defamation lawsuit
Associated Press
A blogger and an Orlando lawyer who were sued over comments they made in the Rifqa Bary case said in court filings Tuesday that their remarks and postings were constitutionally protected free speech.
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA4NQ/index.html
--Complaint: Tarazi v. Oshry et al.
http://www.blogger.com/zcpre_4357086_zcpost
--Answer: Tarazi v. Oshry et al.
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA4Nw/index.html
Righthaven, LLC v. Klerks
D. Nev.: Blogger Sued By Copyright Troll Argues He Had 'Implied License'
MediaPost
The blogger, Jan Klerks, who publishes the noncommercial site www.skyscrapercity.com, about urban development, argues that the newspaper granted him an implied license to republish its articles by encouraging readers to save the pieces and send them to others.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=133992&nid=117735
--Defendant Motion to Set Aside Default: Righthaven, LLC v. Klerks: http://www.scribd.com/doc/36092756/Motion-to-Set-Aside-Default-Righthaven-v-Klerks
See also:
Website operators use new defenses to fight R-J copyright suits
Las Vegas Sun
http://m.lasvegassun.com/news/2010/aug/18/website-operators-use-new-defenses-fight-r-j-copyr/
UPDATE (10/11/10)
D. Nev.: Sharron Angle signals interest in settling copyright lawsuit
Las Vegas Sun
Republican U.S. Senate candidate Sharron Angle is signaling she's interested in settling a copyright infringement lawsuit filed against her by the Las Vegas Review-Journal's copyright enforcement partner.
http://www.lasvegassun.com/news/2010/oct/09/sharron-angle-signals-interest-settling-copyright
Complaint: Righthaven v. Angle:
http://www.scribd.com/doc/36931569/Right-Haven-v-Angle
UPDATE (9/21/10):
D. Nev.: Judge Says Blogger Sued By Righthaven Might Have Fair-Use Defense
Media Post
In her eight-page ruling [granting defendant's motion to set aside default], Navarro wrote that Klerks has at least two meritorious defenses to an infringement action -- that he made fair use of the newspaper's material, and that the newspaper granted him an implied license.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=136044%3C/a
--Order to Grant Defendant's Motion to Set Aside Default: Righthaven, LLC v. Klerks:
http://www.scribd.com/doc/37812449/Righthaven-v-Klerks
MediaPost
The blogger, Jan Klerks, who publishes the noncommercial site www.skyscrapercity.com, about urban development, argues that the newspaper granted him an implied license to republish its articles by encouraging readers to save the pieces and send them to others.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=133992&nid=117735
--Defendant Motion to Set Aside Default: Righthaven, LLC v. Klerks: http://www.scribd.com/doc/36092756/Motion-to-Set-Aside-Default-Righthaven-v-Klerks
See also:
Website operators use new defenses to fight R-J copyright suits
Las Vegas Sun
http://m.lasvegassun.com/news/2010/aug/18/website-operators-use-new-defenses-fight-r-j-copyr/
UPDATE (10/11/10)
D. Nev.: Sharron Angle signals interest in settling copyright lawsuit
Las Vegas Sun
Republican U.S. Senate candidate Sharron Angle is signaling she's interested in settling a copyright infringement lawsuit filed against her by the Las Vegas Review-Journal's copyright enforcement partner.
http://www.lasvegassun.com/news/2010/oct/09/sharron-angle-signals-interest-settling-copyright
Complaint: Righthaven v. Angle:
http://www.scribd.com/doc/36931569/Right-Haven-v-Angle
UPDATE (9/21/10):
D. Nev.: Judge Says Blogger Sued By Righthaven Might Have Fair-Use Defense
Media Post
In her eight-page ruling [granting defendant's motion to set aside default], Navarro wrote that Klerks has at least two meritorious defenses to an infringement action -- that he made fair use of the newspaper's material, and that the newspaper granted him an implied license.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=136044%3C/a
--Order to Grant Defendant's Motion to Set Aside Default: Righthaven, LLC v. Klerks:
http://www.scribd.com/doc/37812449/Righthaven-v-Klerks
Article of the Month: Under Pressure Craiglist Removes "Adult Services" Section
In addition to our brief posts on legal actions against bloggers, this blog will also be home to a monthly article exploring one of the cases in more depth. The article will also be published in MLRC's MediaLawLetter, our monthly magazine that covers what's happening in the media world. To see all of the articles from the MediaLawLetter, please consider joining Media Law Resource Center!
Seemingly acquiescing to the demands of state attorneys general, Craigslist has removed the “Adult Services” section of its website. Some supporters maintained hope while the link remained covered by a black bar reading “censored.” However, any fleeting chance of a sustained protest disappeared when the site removed the section entirely, a change it confirmed in recent Congressional testimony.
The move came two weeks after 17 attorneys general sent the site’s founder, CEO, and attorney a letter noting strong concerns that the page provided easy access to prostitution and child sex trafficking. Although the letter was phrased as a request and contained no legal threats, it carried force through its widespread dissemination. The letter was the latest in a two-year effort by state AGs to curtail the website’s alleged facilitation of illicit activities.
Craigslist had already restructured the portion of its page, previously entitled “Erotic Services,” in an effort to reign in the lascivious free-for-all. The site began screening each adult post and requiring an accompanying $10 payment, credit card information, and a verifiable phone number.
Many saw these steps as a boost to public safety, as the increased transparency and high volume on the page allowed law enforcement to intervene when necessary. But AGs, aided by vocal advocacy groups and perhaps feeling the pressure of an election year, found the steps inadequate. Even after the Adult Services section has been removed entirely in the United States, they continue to press for its elimination worldwide.
With their steadfast commitment to pursuing the matter, the AGs have created the impression of unassailable legal strength, yet a close look at the law surrounding this issue reveals that Craigslist fares well in a potential lawsuit.
Under Section 230 of the Communications Decency Act, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. § 230(c)(1). In other words, barring a certain set of exceptions, Craigslist is not liable for the speech of others simply by providing a forum for communication.
Judicial interpretation of Section 230 has made the provision only stronger with time, and factors that might appear troublesome for Craigslist in reality pose no hurdle. Issues that do not undermine its defense include Craigslist making money from the Adult Services ads, see, e.g., Doe v. GTE, 347 F.3d 655 (7th Cir. 2003), screening posts to allow some and delete others, see, e.g., Green v. AOL, 318 F.3d 465 (3rd Cir. 2003), and knowing that there was illegal activity taking place. See, e.g., Goddard v. Google, Inc., 640 F. Supp. 2d 1193 (N.D. Cal. Jul. 30, 2009).
Opponents also could not get around the 230 defense by couching their claims in a different form, such as by claiming that Craigslist aided and abetted prostitution, see GTE, 347 F.3d 655, or was negligent in enforcement. See Doe v. MySpace, 528 F.3d 413 (5th Cir. 2008). The company appears to be on safe ground as long as it avoids actively inducing the creation of illicit content. See Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008)
Craigslist has already successfully relied on Section 230 to defend its Adult Services area. In a lawsuit brought by an Illinois sheriff against the company for creating a public nuisance by facilitating prostitution, the court determined that none of the site’s actions brought it outside of 230’s protective sphere. See Dart v. Craigslist, Inc., 665 F. Supp. 2d 961 (N.D. Ill. Oct. 20, 2009). Craigslist has also successfully invoked immunity when sued for discriminatory postings in its housing section, see Chicago Lawyers' Committee For Civil Rights Under Law, Inc. v. Craigslist, Inc., 519 F.3d 666 (7th Cir. 2008), and for injuries caused by the sale of firearms on the site. See Gibson v. Craigslist, 2009 WL 1704355 (S.D.N.Y. June 15, 2009).
In reality, the AGs probably know their legal stance is a weak one; therefore, they have moved their case to the court of public opinion, where outrage can carry more weight than precedent. The market they are attempting to shut down, meanwhile, now moves underground, to other, anonymous sections of Craigslist and to competing websites.
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