Online Defamation, Injunctive Relief, and the Future of Prior Restraint

It’s sitting there in pretty much every online speech-related defamation complaint you’ll find: right along side a request for a visit from our friend Stacks O’Cash, the plaintiff asks for an injunction, forcing the defendant to take down the (alle…

ISP Gets Identity-Seeking Subpoena Vacated

From the credit-where-credit’s-due department (with the requisite hat-tip to David Ardia’s Twitter account):

I’ve written previously about clothing company Façonnable’s lawsuit against an anonymous Wikipedia editor. To sum up: The company sued a p…

Façonnable USA Corp. v. John Does 1-10

Dan Snyder Gets a Taste of D.C.’s New Anti-SLAPP Law

We’ve previously mentioned Washington Redskins owner Dan Snyder’s lawsuit against the Washington City Paper. (Quick refresher: the City Paper published a stinging catalogue of Snyder’s public failings; Snyder sued.) On Friday night, the latest chapte…

Anti-Piracy Lawyers Defame TorrentFreak in Court

As copyright cases pile up at various U.S. courts, anti-piracy lawyers are getting more bold with their demands for money and information. In one case at the District Court of Northern California, copyright holders are demanding the personal details of all members of a video streaming site. In their defense, the website’s owners referenced a recent TorrentFreak article, which the copyright holder’s lawyer incorrectly characterized as a “myriad of lies.”

Source: Anti-Piracy Lawyers Defame TorrentFreak in Court

Court protects identity of anonymous email sender

Sandals Resorts Intern. Ltd. v. Google, Inc., — N.Y.S.2d —, 2011 WL 1885939, (N.Y.A.D. 1 Dept., May 19, 2011) Some unknown person sent an email to a number of undisclosed recipients containing information that was critical of the hiring and other business practices of the Caribbean resort Sandals. Irritated by this communication, Sandals filed an [...]

Texas supreme court says identities of anonymous bloggers should not be disclosed

In re Does, — S.W.3d —, 2011 WL 1447544 (Texas, April 15, 2011) The issue of anonymity is a hot topic in internet law. The question of whether an internet user known only by an IP address or username or website name should be identified arises fairly often in the early stages of internet defamation [...]

British Libel Reform – Now With Real Proposed Legislation!

I’ve been writing about impending British libel reform for almost two years now, putting a post together every time something happens to bring the United Kingdom closer to fixing its quite-literally-backwards defamation laws.  "Ooo, the High Cou…

Amazon and other booksellers off the hook for sale of Obama drug use book

Section 230 of the Communications Decency Act shields Amazon, Barnes & Noble and Books-A-Million from some, but not all claims brought over promotion and sale of scandalous book about presidential candidate. Parisi v. Sinclair, — F.Supp.2d —, 2011 WL 1206193 (D.D.C. March 31, 2011) In 2008, Larry Sinclair made the ultra-scandalous claim that he had [...]

Woman mistaken for Spitzer prostitute in Girls Gone Wild internet video awarded $3 million

Arpaio v. Dupre, 2011 WL 831964 (D.N.J., Mar 3, 2011) It has been three years since Eliot Spitzer resigned as governor of New York for getting busted for hooking up with a prostitute (time flies!). Shortly after he resigned, Girls Gone Wild offered Ashley Dupre, the high-priced prostitute Spitzer was accused of patronizing, a million [...]