Author Archives: Paul Levy

Mystery company fails to identify Twitter critic who used “its” photos

by Paul Alan Levy Judge Vincent Chabbria ruled that an anonymous Twitter user using the pseudonym “Mr. Money Bags” could not be identified pursuant to a DMCA subpoena, both because her display of copyrighted photographs to taunt a venture capitalist for allegedly spending money on the company of nubile young women was fair use, and […]

Watch Tower Drops Its Effort to Identify a Dissident Blogger Based on Spurious Copyright Claims

by Paul Alan Levy The effort by the Watch Tower Bible and Tract Society (a/k/a Jehovah’s Witnesses) to identify a dissident member, "Kevin McFree," through a spurious claim of copyright infringement has ended with a whimper rather than a bang as Watch Tower agreed to dismiss its copyright lawsuit with prejudice to avoid a possible […]

Do Copyright Holders Get a Free Pass to Identify Alleged Infringers? by Paul Alan Levy Suppose that, on June 4, 2022 the owner of a China-based Twitter account were to post this 2005 photo of the Gate  of Heavenly Peace, with text calling for remembrance of the martyrs of Tiananmen Square.   Suppose further that, […]

Judge Issues “Gag Order” Forbidding Disclosure of “Confidential Information” in Records Mistakenly Disclosed under New Jersey’s Open Public Records Act

I first posted about this case about early last month. In releasing documents electronically pursuant to a public records request, a local government body in New Jersey made a rookie error: using software (presumably Word) to perform redactions in a manner that was easily undone when the requester opened the provided PDF documents using his […]

Showdown at the Second Circuit on the Standards Protecting Onine Anonymity

by Paul Alan Levy An important case about anonymous online speech is hurtling toward a decision in the Second Circuit. The situation is worrisome because defendants are so unsympathetic and the plaintiff’s legal claims seem to me very strong. The danger is that the trial judge’s dismissive treatment of the right to speak anonymously could […]

More baseless and unethical demand letters from Mathew Higbee

by Paul Alan Levy It’s been some time since I have had occasion to write about Mathew Higbee’s use of baseless threats of litigation seeking to wring undeserved dollars out of alleged copyright infringers. To be sure, many of his demand letters seek remedies for plainly infringing uses, even if his monetary demands tend toward […]

May Courts Order Public Records Requesters to Return Mistakenly Released Documents?

by Paul Alan Levy In releasing documents electronically pursuant to a public records request, a local government body in New Jersey made a rookie error: using software (presumably Word) to perform redactions in a manner that was easily undone when the requester opened the provided PDF documents using his own device. The documents revealed some […]

Robert F Kennedy Jr. Sues to Identify Blogger Who Pointed Out That He Spoke at Rally Connected to Neo-Nazis

by Paul Alan Levy Our latest effort to defend the right to speak anonymously about issues of public concern brings us up against Robert F. Kennedy Jr. Last summer, Kennedy spoke at an August 29 rally convened by the German far right to protest government restrictions aimed at corralling the COVID pandemic. Kennedy was, apparently, […]