Manipulating Bloggers: Trademark Dilution, Libel and the DMCA
November 2, 2007 2:10 PM
comment(s) - last by
Philip Smith's summary judgment might be one of the most inspiring cases for bloggers squeezed by dissent corporations, but there's more to the First Amendment
We dodged a bullet this week when a judge favored
Philip Smith over BidZirk
in a civil case of libel, trademark dilution and invasion of privacy.
Unfortunately Smith's case is just one of many typical of the Corporation v. Blogger cases initiated by companies not happy with a particular statement showing up on a website. Smith's is unique in the fact that the story played out to summary judgment.
By far, the largest annoyance I deal with is DMCA takedowns. That's right, the legislation designed to protect starving movie stars from piracy is used against bloggers and journalists with just as much fury.
For those not familiar with the DMCA, a typical takedown occurs in the following manner:
A user posts an MP3 of the new Britney Spears song on his website.
Spears' label emails the user with a DMCA takedown notification, informing him that he has 24 hours to remove the MP3 before that user's service provider is contacted requesting the same.
The user's host or ISP is contacted. If the ISP does not remove the content within 24 hours, the second tier ISP is contacted with the same notification.
This notification keeps moving up the provider chain until it gets to someone who will kowtow to the demands of the DMCA sender.
Virtually every ISP I've ever dealt with in the United States will kowtow to a DMCA takedown within minutes of receiving it. Nevermind that almost no checks and balances exist to determine if the takedown sender is even the copyright holder.
How does this fit in with
, or Philip Smith for that matter? The fact that Smith published a copyrighted image gave BidZirk the authority to initiate a DMCA takedown. Sure, Fair Use comes to mind, but given some of the draconian interpretations of copyright in this country, no service provider is going to risk losing its (literal) backbone to protect the rights of an aspiring blogger.
The rabbit hole extends deeper beyond corporate logos. You might notice that the last roadmap slide published on
occurred almost a year ago, after which AMD sent
a takedown notification claiming all of its slide decks are copyrighted, and subsequently initiated a DMCA takedown on all AMD roadmap articles.
It's a no-win situation for the young writer. Publish or die, as they say, but for God's sake don't publish anything other than complacent text lest you risk litigation or takedown.
This article is over a month old, voting and posting comments is disabled
AMD & DMCA
11/4/2007 6:51:12 AM
"Once again, content owners have successfully promoted their own narrow financial interests over the broader public interest in preserving consumer access to literary, scientific, and other works,"
--Peter Jaszi, Professor at American University's Washington College of Law.
"Beware of he who would restrict you from information, for in his heart
he dreams himself your master"
“We do believe we have a moral responsibility to keep porn off the iPhone.” -- Steve Jobs
Bloggers Protected by Court Ruling as Journalists
November 2, 2007, 1:01 PM
Latest By Kristopher Kubicki
AMD's New Piledriver Opterons Claim to Match Intel's Performance at Half the Price
November 5, 2012, 4:32 PM
Intel Beats Expectations, Posts $3B USD Profit
October 17, 2012, 11:40 AM
Intel's HDCP DRM Scheme Defeated by a Single Sub-$300 FPGA
November 28, 2011, 10:25 AM
Google Pledges to Defend Partners Against Apple, Microsoft
November 9, 2011, 4:00 PM
Hello AMD Socket G34
July 16, 2008, 5:38 PM
Update: AMD Preps Radeon 4850 Launch for June 25
June 19, 2008, 12:21 PM
Next-gen NVIDIA GeForce Specifications Unveiled
May 20, 2008, 3:52 PM
Newegg Guns for Amazon
April 22, 2008, 12:30 PM
Dodeca-core: The Megahertz Race is Now Officially the Multi-core Race
April 17, 2008, 6:51 PM
NVIDIA, AMD Set to Square Off Once Again This Summer
April 16, 2008, 1:37 PM
Microsoft to Discontinue Free, Ad-supported Xbox Music Service on December 1
October 23, 2014, 10:03 AM
Christian Bale Confirmed to Play Steve Jobs in Upcoming Film
October 23, 2014, 8:43 AM
Monica Lewinsky Speaks Out, Calls Herself "Patient-Zero" for Internet Cyberbullying
October 21, 2014, 2:25 PM
Google Fiber Finally Heading to Austin, Texas in December
October 16, 2014, 11:48 AM
Dropbox Flexes Security Muscle, Appears to Have Squashed Password Breach
October 15, 2014, 12:12 PM
U2’s Bono Apologizes for Forced “Songs of Innocence” Album Downloads
October 15, 2014, 7:55 AM
Most Popular Articles
Cool Science Video of the Day: Carnivorous Leech Eats Giant Jungle Worm
October 16, 2014, 6:44 PM
Chinese Government Declares Digital War Against America's Top Tech Firms
October 20, 2014, 12:07 PM
PS4 "Masamune" Update 2.0 Will Bring New Music and Customization Features
October 17, 2014, 1:05 PM
HBO, CBS Lead Charge to Ditch Cable
October 16, 2014, 4:40 PM
Update: Motorola Droid Turbo Coming Oct 28, 48-hour Battery Life Confirmed
October 19, 2014, 9:19 PM
Latest Blog Posts
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information