Wikipedia mounts courtroom defense for editor sued by politician

19 02 2014
Dimitris Loudris, a 23-year-old trainee lawyer from Athens, was sued for libel last year for writing about a Greek politician, Theodore Katsanevas. Last week, the judge overseeing the case issued an order that he remove the article from the site. That got the attention of the Wikimedia Foundation, which has now made a public vow to support Liourdis throughout the litigation.

“[T]he statements were and still are supported by reputable secondary sources,” wrote Wikimedia Foundation lawyer Michelle Paulson in a blog post published Friday. “The Greek Wikipedia community decided, through discussion, that they were appropriate for the article. Mr. Katsanevas has ignored these facts and is now using the legal system against those who do not share his financial means and influence.”

 

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The content in this post was found at http://arstechnica.com/tech-policy/2014/02/wikipedia-mounts-courtroom-defense-for-editor-sued-by-politician/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Study of French “three strikes” piracy law finds no deterrent effect

11 02 2014

A recently published study of 2,000 French Internet users found that the widely-publicized “three strikes” law hasn’t had much effect on how pirates get their content.

“Our econometric results indicate that the Hadopi [three strikes] law has not deterred individuals from engaging in digital piracy and that it did not reduce the intensity of illegal activity of those who did engage in piracy,” report the four co-authors, economists at the University of Delaware and the University of Rennes.

It’s not all bad news for the recording industry, though: the authors cite another 2014 study which found that iTunes has seen a 20-25 percent increase in sales of French music just prior to implementation of the law. However, the authors attribute the increased sales to “public educational efforts,” not to the deterrent effect of the law.

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The content in this post was found at http://arstechnica.com/tech-policy/2014/01/study-of-french-three-strikes-piracy-law-finds-no-deterrent-effect/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Court Declines to Review LRO to [.delmonte], Saying gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes

11 02 2014

A Swiss Del Monte entity that had a license to use the “DEL MONTE” mark applies to operate the .delmonte generic top level domain (gTLD). Another Del Monte entity, based in Delaware, filed a “legal rights objection” (under WIPO-established procedures) to the Swiss Del Monte’s application. A three member panel sustained the Delaware company’s LRO. (Here’s a .pdf link to the panel decision.) The Swiss entity sued in federal court seeking a declaration that it had sufficient rights in the “DEL MONTE” mark to operate the TLD and that it was not violating the Anti-cybersquatting Consumer Protection Act (ACPA, the cybersquatting statute) in doing so. The Swiss entity further sought an injunction requiring the Delaware entity to withdraw its LRO.

The court says an initial question is whether it has jurisdiction. . . .

Is a gTLD a “Domain Name”?

On the key question of whether plaintiff’s application to operate the .delmonte TLD implicates the ACPA, the court says it’s a matter of first impression. Generally, courts ignore the TLD in the context of the trademark analysis (i.e., acme.com is treated the same as “acme” for trademark purposes). Nevertheless, the case law is largely inconclusive.

The court looks to the text of the ACPA and says it’s equivocal:

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The content in this post was found at http://blog.ericgoldman.org/archives/2014/02/court-declines-to-review-lro-to-saying-gtlds-arent-domain-names-for-cybersquatting-purposes.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The case against Kim Dotcom, finally revealed

30 12 2013
Nearly two years after Kim Dotcom’s New Zealand mansion was raided by police, US authorities have made their case as to why the man behind Megaupload shouldn’t simply go bankrupt like previous copyright violators before have—he should go to jail, they argue.In a 191-page “Summary of Evidence,” government lawyers marshal Skype chats, financial data, and dozens of e-mails to make their case that Megaupload was a criminal network designed from the start to distribute copyrighted material. It discusses the payments made to heavy uploaders to encourage them to drive traffic to the files of movies and TV shows they hid online.

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The content in this post was found at http://arstechnica.com/tech-policy/2013/12/us-unveils-the-case-against-kim-dotcom-revealing-e-mails-and-financial-data/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



SPEECH Act Defendant Gets $48,000 In Attorneys’ Fees–Trout Point Lodge Ltd. v. Handshoe

19 12 2013

 

The SPEECH Act combats libel tourism, the process of trying to enforce an international defamation ruling in the United States if the ruling isn’t consistent with U.S. law. The leading SPEECH Act case is Trout Point Lodge Ltd. v. Handshoe. In that case, Nova Scotia residents got a defamation judgment in Nova Scotia against Handshoe, a Mississippi blogger. When the Nova Scotia plaintiffs tried to enforce the judgment in Mississippi, the case ran into the SPEECH Act roadblock. The Fifth Circuit dismissed the case because the defamation claims couldn’t succeed in the U.S.

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As a result, Handshoe gets an attorneys’ fee award of $48,000 (reduced about $7,000 from the fee request, a pretty small haircut as those things go). Another reminder of the power of the SPEECH Act.

Case citation: Trout Point Lodge Ltd. v. Handshoe, 2013 WL 6524650 (S.D. Miss. Dec. 11, 2013)

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The content in this post was found at http://blog.ericgoldman.org/archives/2013/12/speech-act-defendant-gets-48000-in-attorneys-fees-trout-point-lodge-ltd-v-handshoe.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.