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Archive for the ‘Defamation’ Category

D.C. Appeals Court Sets New Standard for Unmasking Anonymous Online Speakers By Anthony Kammer – Edited by Evelyn Breithaupt Solers, Inc. v. Doe, No. 07-CV-159 (D.C. Cir. Aug. 13, 2009) Opinion On August 13, 2009, the D.C. Court of Appeals remanded Solers, Inc.’s case against an anonymous speaker and provided the lower court with a new standard for determining when an anonymous speaker’s identity may be revealed. The Volokh Conspiracy notes that although the court limits its decision to defamation ... Read More...
Posted On Aug - 31 - 2009 Comments Off READ FULL POST
By Sharona Hakimi Amazon Threatened with Class Action for Remotely Deleting Orwell E-books on Kindles On July 20, MediaPost News reported that the law firm KamberEdelson is readying a class action lawsuit on behalf of consumers against Amazon for removing George Orwell books on owners’ Kindles. Amazon remotely deleted the e-books from users after discovering that the company that added them to the online catalog did not have rights to the books. Amazon did issue refunds to the owners, but ... Read More...
Posted On Jul - 24 - 2009 Comments Off READ FULL POST
Blogger Status Fails to Provide Journalistic Protection under N.J. Shield Law By Ian B. Brooks – Edited by Amanda Rice Too Much Media, LLC v. Hale, Case No. MON-L-2736-08, (N.J. Super. Ct. Law Div. June 30, 2009) Slip Opinion The Monmouth County Superior Court of New Jersey held that the Defendant, blogger Shellee Hale, was not entitled to the protections of a newsperson under New Jersey’s Shield Law. Although Hale claimed that her posts on an Internet message board were ... Read More...
Posted On Jul - 13 - 2009 Comments Off READ FULL POST
Ninth Circuit Court of Appeals Considers Internet Service Provider’s Liability for Fake Profiles By Ezra Pinsky – Edited by Dmitriy Tishyevich Barnes v. Yahoo!, Inc., May 7, 2009, No. 05-36189. Slip Opinion On May 7th, the Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s 12(b)(6) dismissal of a complaint which had sought to impose negligence liability on Yahoo for hosting a fraudulent personals profile created by the plaintiff’s ex-boyfriend, despite plaintiff’s ... Read More...
Posted On May - 23 - 2009 Comments Off READ FULL POST
Maryland’s Highest Court Adopts Dendrite Standard for Unmasking Anonymous Forum Posters in Defamation Actions By Evan Kubota –- Edited by Miriam Weiler Independent Newspapers, Inc. v. Brodie Court of Appeals of Maryland, February 27, 2009, No. 63 Opinion On February 27th, the Court of Appeals of Maryland reversed a lower court’s order compelling discovery of the identities of five anonymous Internet forum posters in a defamation action. The court had granted certiorari on its own initiative.  While the court’s holding ... Read More...
Posted On Mar - 6 - 2009 Comments Off READ FULL POST
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