Author Archives: Paul Levy

Anti-SLAPP Statute Extended to Wage Claim by Authors of Content of Public Interest

by Paul Alan Levy Techdirt carries a discussion  of a recent decision dismissing a class action complaint filed against Yelp on behalf of Yelp users contending that, because their reviews provide content that allows Yelp to profit through the sale of advertising, reviewers are employees who are entitled to payment for their labor under the […]

Should Ninth Circuit Abolish the Doctrine of Initial Interest Confusion?

by Paul Alan Levy     A couple of weeks ago, I blogged about a Ninth Circuit decision, Multi Time Machine v. Amazon.com, that undid a great deal of progress made in that court undoing the adverse effects of that Court's decision in Brookfield Communications v. West Coast Video; last week, I noted that Amazon had sought […]

What does it take to get a gag order in the Southern District of New York?

by Paul Alan Levy Not much, it appears.   Following up on the recent spate of stories about a grand jury subpoena that the United States Attorney’s office for the Southern District of New York had issued to Reason Magazine, demanding the identities of the authors over several commenters who called for the execution of […]

Washington Court of Appeals Embraces Rule Requiring Evidence to Identify Anonymous Critics

by Paul Alan Levy In a decision issued today, the Washington Court of Appeals has embraced the broad consensus among state and federal courts holding that plaintiffs who want courts to force service providers to provide identifying information about anonymous online speakers must both provide notice to the speakers and present evidence of wrongdoing, for […]

Gag Orders That Protect Grand Jury Subpoenas to Identify Anonymous Speakers

by Paul Alan Levy Now that a federal court gag order against it has been lifted, Reason Magazine has now published its own comments, and a number of other bloggers have been writing as well, about Reason’s experience with a grand jury subpoena seeking to identify anonymous online commenters.  In response to an article about […]

Illinois Supreme Court Orders Identification of Anonymous Critic

by Paul Alan Levy In a decision issued yesterday in Hadley v. Subscriber Doe a/k/a Fuboy, the Illinois Supreme Court affirmed lower court rulings that an anonymous commenter who responded to a local newspaper article by calling a local politician a “Sandusky waiting to be exposed,” making particular reference to the fact that he could […]