Image 01 Image 03

Blogging Tag

Filmmaker Quentin Tarantino is suing Gawker Media and related entities based on Gawker allegedly assisting in the distribution of a stolen film script:
Director Quentin Tarantino has filed a lawsuit against Gawker Media for copyright infringement. A week after declaring he would no longer make his next film "The Hateful Eight" because someone in his small circle had leaked the screenplay, director Quentin Tarantino has taken legal action against Gawker Media alleging copyright infringement for disseminating the script Tarantino's lawsuit, filed in U.S. District Court in Los Angeles on Monday, alleges that the web site Gawker disseminated "unauthorized downloadable copies of the leaked unreleased complete screenplay" and "expressly refused to remove their directions to and URL links to get the infringing materials." The director is demanding actual and statutory damages as well as Gawker's profits in the amount of at least $1 million. "Gawker Media has made a business of predatory journalism, violating people’s rights to make a buck," the complaint states. "This time, they went too far. Rather than merely publishing a news story reporting that Plaintiff’s screenplay may have been circulating in Hollywood without his permission, Gawker Media crossed the journalistic line by promoting itself to the public as the first source to read the entire screenplay illegally."
Not being a fan either of Tarantino's films, or of Gawker, I consider myself neutral. I read the Complaint. All Gawker did was promote the fact that it had links to others on the internet who had the script. That seems like a tough claim of copyright liability, but hey, presumably the plaintiffs' lawyers did the reasearch and think they have a legal claim. But still, just linking to others creates a copyright liability? Yikes, if that's true. Gawker is promising a fight:

We have faced the problem of the Big Google Algorithm in the Sky before. Vicious smirkle (Alan Grayson) Vicious Smirkle, Part 2 (Democratic Senate campaign) Michele (Walk) Hansen noted at the time: Well, sure, some people got sick, sadistic enjoyment costing Alan Grayson money, but there was a problem: The more you...

In the earliest days of the internet, an Instapundit reader suggested the term "take the Boeing" to describe when bloggers join big media outlets. Today, Volokh Conspiracy took the Washington Post's Boeing:
We’re now trying what might be the most ambitious experiment yet: a joint venture with the Washington Post. The Post will host our blog, and pass along its content to Post readers (for instance, by occasionally linking to our stories from the online front page). We will continue to write the blog, and Volokh.com will still take you here. We will also retain full editorial control over what we write. And this full editorial control will be made easy by the facts that we have (1) day jobs, (2) continued ownership of our trademark and the volokh.com domain, and (3) plenty of happy experience blogging on our own, should the need arise to return to that. The main difference will be that the blog, like the other Washingtonpost.com material, will be placed behind the Post’s rather permeable paywall. We realize that this may cause some inconvenience for some existing readers — we are sorry about that, and we tried to negotiate around it, but that’s the Post’s current approach.
I wish them well.  They are the premier group of law professor and lawyer bloggers who actually blog about the law.  Not to leave others out, but the work Eugene Kontorovich has done on The Legal Case for Israel is decisive. As for me, I don't know if I am hirable by major newspapers.  Certainly not The New York Times, for at least 10 reasons. When big media gobbles up what's left of the smaller blogosphere, I tend to throw a pity party and look for a song that fits my mood.

I recently was referred to disparagingly as a mere "blogger," by an attorney in a matter I was reporting about, in an email in which "reply to all" was mistakenly selected. It was disappointing at many levels, particularly given the person the attorney was representing, but not really surprising. Well, buddy, I got rights. Via Eugene Volokh, Bloggers = Media for First Amendment Libel Law Purposes:
So holds today’s Obsidian Finance Group v. Cox (9th Cir. Jan. 17, 2014) (in which I represented the defendant). To be precise, the Ninth Circuit concludes that all who speak to the public, whether or not they are members of the institutional press, are equally protected by the First Amendment. To quote the court,
The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable: “With the advent of the Internet and the decline of print and broadcast media … the line between the media and others who wish to comment on political and social issues becomes far more blurred.” Citizens United, 558 U.S. at 352. In defamation cases, the public-figure status of a plaintiff and the public importance of the statement at issue — not the identity of the speaker — provide the First Amendment touchstones.
I think that’s right, not just as a matter of First Amendment principle but also as a matter of history and precedent.... The specific legal issue that the Ninth Circuit was confronting in this passage, by the way, is whether all who speak to the public are equally protected by the Gertz v. Robert Welch, Inc. rules, which are that

'TWAS THE BLOGGER'S NIGHT BEFORE CHRISTMAS 'Twas the night before Christmas, when all through the ‘sphere Bloggers were glad to see Christmas draw near. Their laptops were turned off and all put away The bloggers were swearing to take off the day. Their children were nestled all snug in their...

The big are getting bigger, and better. Michelle Malkin's Twitchy was sold to Salem Communications, which owns Hot Air and Townhall.  Congratulations Michelle for a briliant idea, brilliantly executed. Now, according to Buzzfeed, Salem also will be acquiring Eagle Publishing, which owns Red State and Human Events: Salem Communications, the...

Hello?! I run this place.  Quote me, me, me! Patrick Maines, President of The Media Institute, writing in USA Today, quotes Legal Insurrection commenter Moonstone716 regarding the Brown shout down of Ray Kelly, Political divide hurts college free speech: As one commenter poignantly observed in reply to coverage...

It's the dawn of a new era in TaxProf's quarterly law professor blog rankings, as he explains, Law Prof Blog Traffic Rankings: Below are the updated quarterly traffic rankings by page views of the Top 50 blogs edited by law professors for the most recent 12-month...

Legal Insurrection Version 1.0 was the old Blogger template. Version 2.0 was the custom designed Wordpress template initiated in June 2011. This Version 2.1 is a redesign of the home page to accomplish the following: 1. Featured Posts. Adding the ability to keep featured posts on the home...

No, not the gubmint. Legal Insurrection, for scheduled "maintenance." Starting about 4 a.m. Eastern on Monday. If all goes according to plan, the outage will be short and in any event, over no later than 8 a.m. If all doesn't go according to plan, can you say "healthcare.gov"? This...

You know the story why this blog was started on October 12, 2008 at 5:42 p.m. Here's what the blog looked like on November 15, 2008 and for the first 2 1/2 years while we were on Google Blogger (Yikes! It's like looking at your junior high school photo): Hey, look who our...

Our friend Jim Hoft, who we noted before has been seriously ill, is back at Gateway Pundit, although he still has many physical problems, which he details in Facing the Horror: How Disease Nearly Took My Life But Grace Saved Me. It's great that Jim is back, and...

In my now classic post on December 3, 2011, Vicious smirkle, I explained the conundrum wrapped in a paradox sitting on top of a puzzle, the algorithms which feed ads to Legal Insurrection and most other blogs: Michele Walk has noticed that Alan Grayson is gracing...

Sitemeter is the free traffic meter I've been using since day one of the blog to keep track of visits and page views.  It's public, and linked at the bottom of the page in the footer. The reason I like Sitemeter is it's free.  And it's...

Buzzfeed seems to engender pretty strong feelings all around.  Mostly the criticism was from the right during the election, but I'm seeing grumbling from the left lately as well. I cautioned last February not to underestimate BuzzFeed Politics, which is an emerging force in news and uses cats to maximum effect.  Despite my tongue-in-cheek post, 5 Signs BuzzFeed May Have Peaked, I'm not really seeing the engine slowing down.  They have a lot of dollars, very talented staff, and they have me pegged. One thing that has caught my eye recently was that Buzzfeed lured in conservative readers through its Community section.  Yes, conservative readers. It must be some kind of Sun Tzu military theory: “The supreme art of war is to subdue the enemy without fighting.” [caption id="" align="alignnone" width="500"] (Buzzfeed: Some of our best friends are Conservative)[/caption] I first noticed that when two of the best listicles I've seen from the conservative side showed up at Buzzfeed. The first, 16 Things You Didn’t Know About Your Life Before Birth by National Right to Life on August 27, was highlighted here National Right to Life hits home run where it counts, Buzzfeed:

Buzzfeed National Right to Life 16 Things screen shot

Everybody wants an Insurrection. But you can't all have it. At least not peaceinsurrection.com, as of earlier this morning.  Need to protect the "brand" from Code Pink.  It's mine now. https://twitter.com/RosieGray/status/377426051875360768  ...

I've figured it out. Nature blogging! So you see, I walked over to Ithaca Falls, about a 10 minute walk from my house, with my friend to help him get over his blogger burnout problems. (Man, this is easy)...