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
RE: AMD shot themselves in the foot.
11/5/2007 6:06:11 PM
I would imagine it's more about policy. These particular roadmaps were already out in the wild, but at some point they need to establish and make known the policy that they do not want their internal marketing plans revealed too soon else it could put them at a disadvantage due to it. On the 'net, 24 hours is a long time, but if they make their position known it is bound to make at least some people think twice before posting certain information. Not that it's right or wrong to post it I make no judgement there but if my company had a business strategy for the next couple years I would feel the competition should be left in the dark about it as long as possible, no?
"And boy have we patented it!" -- Steve Jobs, Macworld 2007
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
Quick Note: Amazon UK Offers £10 Back on Any Order £50 or Over
August 3, 2015, 12:05 PM
Editorial: Reddit Allows Itself to be Hijacked as a Hate Platform For Racist Bigots
July 21, 2015, 6:32 PM
Mozilla and Facebook to Adobe: It's Time to Kill Flash
July 20, 2015, 6:30 PM
Instagram Bans "Curvy" From Hashtag Searches, Provokes "Plus Sized" Outrage
July 16, 2015, 1:20 PM
Mozilla Promise Punctual Windows 10 Firefox Release, Teases at iOS Arrival
July 7, 2015, 3:08 PM
Netflix Announces 7-to-1 Stock Split, Eyes Explosive Overseas Growth
June 23, 2015, 8:18 PM
Most Popular Articles
Kentucky Man Faces up to 10 Years in Prison for Shooting Drone Trespasser
August 13, 2015, 2:58 PM
Windows 10 Hits 75 Million Users; Grows Nearly 4x as Fast as Windows 7
August 28, 2015, 10:22 PM
Best Buy Rapidly Ramps up Apple Watch Rollout After "Strong" Early Sales
August 26, 2015, 11:42 AM
Microsoft's Windows 10 Leaves Lumia 530 Behind w/ 8 GB Storage Requirement
August 25, 2015, 4:02 PM
Future of Lumia Uncertain as Microsoft Lays Off 2,300, Closes 1 of 3 Finnish Offices
August 24, 2015, 6:14 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
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
More Blog Posts
Copyright 2015 DailyTech LLC. -
Terms, Conditions & Privacy Information