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 […]
Author Archives: Paul Levy
by Paul Alan Levy Considering that it was the Colorado Supreme Court that pioneered the concept of the SLAPP suit with its path-breaking decision in Protect Our Mountain Environment, and that it was University of Denver professors Penelope Canan and George Pring whose scholarship developed the concept, it is astonishing that Colorado took so long […]
by Paul Alan Levy As reflected in an update to my blog post from yesterday, ALI has issued a blustery letter insisting that it did no wrong by trying to enforce its copyright against Adam Levitin's publicly posting of the Tentative Draft its Restatement, while at the same time publicly posting the Tentative Draft.
by Paul Alan Levy The Proposed Restatement of the Law of Consumer Contracts has been discussed on this blog many times. It is exceptionally controversial: it has been opposed by a large coalition of consumer and civil rights advocacy groups (including Public Citizen) as well as attorneys general from roughly half the states. The US […]
by Paul Alan Levy Those who have been following the issue of copyright trolls for many years may remember that one of the prime features of the Righthaven technique for shaking down unwitting bloggers for payments was to concentrate its litigation campaign on those who made the mistake of failing to register with the Copyright […]
by Paul Alan Levy The spring, an unusual coalition of forces made a serious run at gutting the Texas Citizens’ Participation Act, the Texas version of state anti-SLAPP suits that protects consumers and citizen activists from baseless lawsuits intended to stop them from voicing criticisms of businesses and powerful political figure in their communities. A […]
Over the past few years, the law firm Higbee and Associates (based in Los Angeles, although it pretentiously labels itself a “National Law Firm”) has become identified with a pattern of making aggressive and, in many cases, unsupportable demands for the payment of significant sums of money by individuals and nonprofits whose web sites feature […]
The Yes Men perpetrated (or perhaps only collaborated on) a parody of the Washington Post today, distributing tens of thousands of hard copy editions date-lined May 1, 2019 (making the parody too obvious), but also transmitting email from “send85-proxymailing@washingtonpost.com” domain, which in turn links to a fairly extensive parody web site located at my-washingtonpost.com. A […]
by Paul Alan Levy A new Virginia case presents one of the less-frequently-litigated issues in the realm of the First Amendment right to speak anonymously — when the identity of an anonymous blogger (or other Internet speaker) can be demanded not so that she can be served with a summons in a lawsuit alleging that […]
by Paul Alan Levy A recent trial court decision from New York addresses a question about which I have long held a tentative opinion, albeit without having known of any direct precedent to back up my view: When speaker states facts in an online publication that are not subject to defamation liability when made (because […]