Author Archives: Paul Levy

Libel tourism in Virginia again used to seek to identify anonymous Twitter users

Late last year, I wrote about an abusive subpoena that California Congressman Devin Nunes was pursuing in Virginia state court, seeking to identify the owner of a satirical Twitter account that makes fun of Nunes, referring to his family history in dairy farming, by using the Twitter handle “@Devin Cow” and including various puns referring […]

Can Devin Dodge Dendrite to Doxx and Damage Devin’s Cow?

by Paul Alan Levy In pursuit of his frivolous libel suit against Devin Nunes’ Cow and other defendants in Henrico County, Virginia, Congressman Devin Nunes has served subpoenas on Twitter, on a local political consultant, and on a Richmond law firm, demanding information that would provide the identity of the owner of the Devin Nunes’ Cow […]

How Much Should Mathew Higbee’s Targets Pay to Get Him Off Their Backs?

by Paul Alan Levy Because I have written a few pieces about the excesses of the copyright enforcement campaign conducted by Mathew Higbee and his law firm, Higbee and Associates, for nearly a year now I have been getting a steady stream of calls for help from bloggers and others who have received demand letters […]

DMCA Takedown of Trump Video about Biden: DMCA-abuse silly season begins again

by Paul Alan Levy It always happens during the presidential election season. This year, a bogus DMCA takedown was aimed at a video posted to Twitter by Donald Trump. Promoting his wild conspiracy theories about potential election opponent Joseph Biden, Trump fiddled with the first fifteen seconds of the video for the Nickelback musical number […]

May a company get an injunction to block a defendant from invoking the Streisand Effect?

by Paul Alan Levy The United States Court of Appeals for the Third Circuit recently upheld the rights of litigants to use public pressure to discourage companies from suing them. The issue arose in Bank of Hope v. Chon, when a bank sued one of its departed founders, after an employee who was fired for […]

Moral Rights and Copyright Claims about Che Guevara Parodies

by Paul Alan Levy The personal and commercial heirs of the deceased photographer Korda, best known for the iconic photograph of Che Guevara that has adorned Tshirts and posters displayed by young admirers for fifty years, have issued a takedown demand to Liberty Maniacs over its sales of parody items that display the photo’s cap […]

Subpoenas to Identify Online Consumer Critics on the Ground That They Weren’t Really Customers

by Paul Alan Levy What sort of showing must a criticized business make when it wants to identify an anonymous online critic on the theory that the critic was never an actual customer and that, consequently, any criticisms are necessarily false? Attorney Thomas P. Kelly III of Santa Rosa California That issue has been presented […]

New challenges for Mathew Higbee and his clients

by Paul Alan Levy About a month ago, I blogged about a new variant in Matthew Higbee’s high-volume copyright enforcement practice on behalf of photographers, in which he was pursuing the hosts of online forums where users had posted copyrighted photographs or deep links to copyrighted photographs, taking advantage of those hosts who had failed […]