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April 2012

MediaLawLetter April 2012


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Second Circuit Reverses a Troubling Federal District Court Decision Affecting The Rights Of Copyright Owners To Combat Online Piracy
Court Addresses Issue of Red Flags and Willful Blindness Under DMCA
Viacom v. YouTube

Fourth Circuit Decision Sets Up Keyword Trademark Cases for Trial
Trial Required to Decide Trademark Infringement Evidence
Rosetta Stone. Ltd. v. Google

US Supreme Court to Hear First Sale Copyright Doctrine Case
Does Doctrine Apply to Works Produced Abroad and Resold in the U.S.?
Kirtsaeng v. John Wiley & Sons, Inc.


U.S. Mil.: Press Asserts Constitutional Right of Access to Guantanamo Commissions
First Time Media Permitted To Make Access Motion
U.S.  v. Abd al Rahim Hussayn Muhammad al Nashiri


6th Cir.: Court Affirms Summary Judgment for Nashville TV Station in Wrongful Arrest Libel Case
Fair Report, Lack of Actual Malice, Single Publication Rule Protect Broadcaster
Milligan v. United States et al.

N.Y. Sup.: Court Rules That News Report Presenting Both Sides Of Dispute Is Not Grossly Irresponsible
Provides Detailed Review of Gross Irresponsibility Fault Standard
Levy v. Johnson

N.Y. Sup.: Court Dismisses Libel and Privacy Claims over Republication of Book Review
Republisher’s Privilege Protects Website; Photo Not an Advertisement in Disguise
Pisano v. English

W.D. Wash.: Court Strikes Claims Against Lawyer Rating Website by Disgruntled Lawyer under Washington anti-SLAPP Statute
Awards Defendant Fees and $10,000 in Statutory Damages
Davis v. Avvo, Inc.

Cal. Super.: Los Angeles Times Wins Suits Brought By Lap-Band Lawyer and Doctors
Court Strikes Wiretap and Unfair Competition Claims
Silverman v. Hiltzik

Tex. Dist.: Wrongful Death Lawsuit Against A&E Dismissed on Jurisdictional Grounds
Plaintiff Sued Broadcaster for Scuba Accident
DeWolf v. Kohler, et al.

W.D. Wash.: Lawsuit over Disclosure of Actress’s Age Survives Motion to Dismiss
Plaintiff Stated Breach of Contract and Deceptive Business Claims
Hoang v.

N.D. Cal.: CNN Denied Expeditious Anti-SLAPP Exit from Lawsuit Over Closed Captions for News Videos on
Claims Do Not Arise from CNN’s Protected Publishing Activities
Greater LA Agency on Deafness, et al., v. Cable News Network, Inc.


Canada: Supreme Court of Canada Rolls Out Welcome Mat for Libel Tourists
Defamation “Occurs” When and Where Defamatory Statement Is Published to Third Party
Breeden v. Black; Éditions Écosociété Inc. v. Banro Corp.

UK: Other Side of the Pond: Developments in UK Media Law
Scandalizing the Court; Access to Extradition Docs; Twiter Libel; ISP Liability and More
In R (Guardian News and Media Limited) v the City of Westminster Magistrates Court;  Cairns v Modi; Tamiz v Google Inc.

Australia: Shield Laws Down Under
Decision That Newspaper Divulge Sources Now on Appeal
Liu v The Age Company Limited


9th Cir.: The Computer Fraud and Abuse Act Meets the Ninth Circuit
Act Does Not Criminalize Mere Misuse of Data or Infractions Against Terms Of Use
United States v. Nosal


Colo.: Colorado Repeals Its Antiquated Criminal Libel Statute
Repeal Spurred by “Howling Pig” Case
Colo. Rev. Stat. §18-13-105

W.D. La.: No Qualified Immunity for City and Police Chief Sued After Criminal Libel Arrest
Louisiana Criminal Libel Statute Unconstitutional as Applied to Defendant
Simmons v. City of Mamou, et al.