delete
Your Tweets Belong to Twitter and May be Subpoenaed Without a Warrant

Your Tweets Belong to Twitter and May be...

In April 2011, I had an article titled, You May Not “Like” This Title: Everything Stored On Facebook Is Discoverable, published in the NYU Law Journal of Intellectual Property and Entertainment Law.  The premise is that enjoying the openness of Facebook may come at an unexpected cost, especially for those who do not understand how the website’s content may be used as evidence in a lawsuit. A real world example of how social media content can and will be used in lawsuits comes via a lawsuit concerning an Occupy Wall Street protester.  In New York (where a lot of...
delete
Some Hope For Quashing Copyright Infringement Subpoenas

Some Hope For Quashing Copyright Infring...

Mass defendant copyright infringement cases are not rare these days.  Many movie studios (particularly adult entertainment companies) find it economical to attach a long list of John Doe defendants to their copyright infringement lawsuits.  The procedure is typically the same.  The company joins a bunch of Doe defendants, subpoenas the internet service provider(s) (ISP) to obtain the names, current and permanent addresses, telephone numbers, email addressees, and Media Access Control addresses (“MAC addresses”) of the Doe Defendants, some Doe Defendants may move to...
delete
Have You Purchased Your .xxx Domain Name Yet?

Have You Purchased Your .xxx Domain Name...

Have you purchased your .xxx domain yet?  I am only half joking.  Many companies (big and small) that have absolutely no relation to the pornography industry have been buying up their tradenames at the .xxx level.  They have been reserving those domains from registration (see: Walmart.xxx) so that third parties cannot scoop up the domains and take advantage of the strength of their brand names.  Even colleges are buying up .xxx domains.  And then there are legitimate pornography companies that have purchased their own names and have used generic nouns and verbs in...
delete
Who Owns A Tweet And How Much Is A Follower Worth?

Who Owns A Tweet And How Much Is A Follo...

How much money is a Twitter follower worth, what about the value of an individual Tweet, and who actually owns a Twitter account?  Those are a few questions that may be answered if a lawsuit that was filed on July 15, 2011 in the United States District Court Northern District of California ends up going to trial. The lawsuit was brought by a company named PhoneDog against its former employee, Noah Kravitz for the value of Kravitz’s Twitter followers.  Kravitz left PhoneDog in October 2011 after serving as a product reviewer and video blogger since April 2006....
delete

Analyzing New $10 Copyright Infringement...

Here is a new tactic that I have not yet come across in my practice.  Apparently, lawyers for copyright holders who are “sick and tired” of having their works illegally downloaded for free are working with internet service providers (ISPs) to send emails to alleged infringers with a paragraph that states, “If you click on the link below and login to the Rightscorp, Inc. automated settlement system, for $10 per infringement, you will receive a legal release from the copyright owner.” Click here for a very basic sample settlement agreement (Liability Release...
delete

Tools For Attorneys Defending Clients Ma...

Lately, I have been keeping myself busy working on behalf of individuals who have been targeted as John Does by film companies based on claims of internet copyright infringement.  Typically, my clients have had their internet service providers (ISPs) subpoenaed so that the film companies can scrap personal information attached to the John Does’ IP addresses.  And quite often, my clients are targeted for purportedly downloading pornographic films without paying for the right to view those movies.  Sometimes it makes sense to file a motion to quash, sometimes it is...