Joshua Lamel, Slate; The Copyright Lawsuit in Tiger King Is an Outrage
"Copyright is the perfect vehicle for SLAPP suits. First of all, copyright is a government-granted, exclusive right to speech. There is no better way to prevent someone from publicly criticizing you than to use copyright law. Copyright lawsuits are expensive and place enormous costs on defendants. Fair use has to be raised once you are sued, so defendants will likely have to spend more. The potential damages are extreme: For every violation of a copyright, you can get $150,000 in statutory damages. Additionally, copyright law has injunctive relief—you can actually stop the speech from happening.
One would think that Congress would recognize this and specifically include copyright in federal anti-SLAPP efforts. But that is not happening anytime soon. Instead, thanks to their lobbying and fundraising, copyright holders have been successful in convincing senior members of Congress in both parties to exclude copyright. These members have told federal anti-SLAPP advocates that they need to be willing to give up copyright for a chance of being successful. There is not a single good policy argument to exclude copyright. Copyright litigation abuse is exactly what anti-SLAPP legislation should be designed to prevent. This type of abuse is the reason we need a federal fix.
In my dream world, the saturation of Joe Exotic’s story will help everyday Americans understand the relevance of copyright law in our daily lives—maybe even spur federal lawmakers to introduce and pass anti-SLAPP law without a special carve-out for copyright."
Showing posts with label damages. Show all posts
Showing posts with label damages. Show all posts
Sunday, May 10, 2020
Friday, April 13, 2018
Former law student obtains $6.45M judgment in revenge porn case; ABA Journal, April 11, 2018
Debra Cassens Weiss, ABA Journal; Former law student obtains $6.45M judgment in revenge porn case
"A former law student in California has obtained a $6.45 million default judgment against a former boyfriend accused of posting her intimate photos after their breakup.
The woman, identified as “Jane Doe” in the case, was awarded $3 million in compensatory damages, $3 million in punitive damages and $450,000 for copyright infringement, report Law360 and CNN...
"A former law student in California has obtained a $6.45 million default judgment against a former boyfriend accused of posting her intimate photos after their breakup.
The woman, identified as “Jane Doe” in the case, was awarded $3 million in compensatory damages, $3 million in punitive damages and $450,000 for copyright infringement, report Law360 and CNN...
Besides infringement, the suit had alleged infliction of emotional distress, cyberstalking, and online impersonation with intent to cause harm.
Doe was represented by lawyers from K&L Gates’ Cyber Civil Rights Legal Project, a team of pro bono lawyers representing “revenge porn” victims. The award is the second-largest in a revenge porn case that doesn’t involve a celebrity, according to the law firm. The highest award, $8.9 million, was also obtained with the help of the project."
Saturday, April 22, 2017
VW Moves Beyond Criminal Case, but Not Without a Scolding; New York Times, April 21, 2017
Bill Vlasic, New York Times;
"The criminal case against Volkswagen for its decade-long scheme to cheat on diesel emissions tests ended Friday with a scolding, an apology and $4.3 billion in penalties.
The sentence, affirmed at a court hearing, had been recommended by federal prosecutors in January as part of a deal in which the German automaker agreed to plead guilty to three felony charges for illegally importing nearly 600,000 vehicles equipped with devices to circumvent emissions standards.
The conclusion of the criminal case, 19 months after the vast cheating operation was first revealed, was a milestone in Volkswagen’s recovery from a scandal that badly damaged its reputation and sales. This week it delivered an encouraging quarterly report, and the company has even been given permission to sell — with modifications — the diesel cars at the center of the case."
VW Moves Beyond Criminal Case, but Not Without a Scolding
"The criminal case against Volkswagen for its decade-long scheme to cheat on diesel emissions tests ended Friday with a scolding, an apology and $4.3 billion in penalties.
The sentence, affirmed at a court hearing, had been recommended by federal prosecutors in January as part of a deal in which the German automaker agreed to plead guilty to three felony charges for illegally importing nearly 600,000 vehicles equipped with devices to circumvent emissions standards.
The conclusion of the criminal case, 19 months after the vast cheating operation was first revealed, was a milestone in Volkswagen’s recovery from a scandal that badly damaged its reputation and sales. This week it delivered an encouraging quarterly report, and the company has even been given permission to sell — with modifications — the diesel cars at the center of the case."
Sunday, March 20, 2016
Jury Awards Hulk Hogan $115 Million In Gawker Sex Tape Lawsuit; Huffington Post, 3/18/16
Chris D'Angelo, Huffington Post; Jury Awards Hulk Hogan $115 Million In Gawker Sex Tape Lawsuit:
"A Florida jury has sided with Hulk Hogan in the lawsuit the former professional wrestler filed against Gawker Media, awarding him $115 million in damages — $15 million more than he sought. Hogan, whose real name is Terry Bollea, sued Gawker in 2012 after the online media outlet published an excerpt of a video showing Bollea having sex with the wife of his then-best friend, Bubba The Love Sponge Clem. Hogan and his attorneys alleged publishing the video was an invasion of his privacy. Gawker argued the clip was newsworthy and protected by the First Amendment."
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