Author Archives: Paul Levy

Encouraging Section 230 Immunity Argument in the Sixth Circuit

by Paul Alan Levy Last week the Sixth Circuit held oral argument in Jones v. TheDirty.com, a case where a high school teacher and pro-football cheerleader sued an online web site for hosting comments asserting that she had sex with several football players and speculating about whether she had contracted sexually transmitted diseases.   The trial […]

Octane Fitness: Supreme Court rejects bad faith and clear and convincing evidence requirements for fees in patent cases

by Paul Alan Levy     In a decision issued this morning in Octane Fitness v. Icon Health and Fitness, the Supreme Court held that attorney fee awards in patent cases depend on an assessment of the totality of the circumstances, and that either the substantive weakness of the losing party's litigating position (including both facts and […]

Ninth Circuit Procedures Take Secrecy to Silly Extremes

by Paul Alan Levy Over at Techdirt, Tim Cushing points us to a bizzare situation in the Ninth Circuit rule in which the Reporters Committee for Freedom of the Press was required to file its amicus brief supporting EFF’s position in litigation over National Security Letters under seal.  The Reporters Committee’s announcement of its brief […]

Has Hadeed Carpet Fairly Accused Yelp of Punishing Companies That Don’t Advertise?

by Paul Alan Levy Following the recent decision of the Virginia Court of Appeals affirming the enforcement of a subpoena to Yelp by Hadeed Carpet Cleaning, demanding the identities of seven anonymous reviewers, and our petition to the Virginia Supreme Court seeking leave to appeal, Hadeed has been trying to organize a broader crusade against […]

Garcia Opposes En Banc Rehearing But Ducks Issues of Prior Restraint and Copyright Misuse

by Paul Alan Levy I blogged recently about several of the issues raised by Cindy Lee Garcia's copyright claims against Google, which we addressed in an amicus brief filed well before the amicus due date, specifically to give her the chance to address those issues.  I suppose that I should be flattered that Garcia mentions […]