Automattic’s Victory – Will it Deter DMCA Abuse? Read more

Automattic’s Victory – Will it Deter DMCA Abuse?

Automattic is the owner of WordPress.com, the popular blogging and website development software.  Some time ago, Automattic sued two parties for using the notice-and-takedown provision of the Digital Millennium Copyright Act (“DMCA”) to silence criticism. According to the Automattic Complaint, the parties abused the provision and were liable for damages under 17 U.S.C. § 512(f) for […]

Copyright Law: Pornographers Following RIAA’s Shakedown Tactics Read more

Copyright Law: Pornographers Following RIAA’s Shakedown Tactics

At this Internet law firm, we are no strangers to copyright litigation. From whether website reviews are copyrightable to defending individuals caught in the RIAA’s
use of the Department of Justice to do RIAA’s litigation in the form of criminal copyright infringement
prosecutions
.  Now the pornographers are here and they are taking a page out of the RIAA’s playbook. It appears that the pornographers’ strategy is to file lawsuits against
unidentified parties, issue subpoenas and follow up with threatening letters to the identified individuals demanding payment of a few thousand dollars. These individuals are accused of
utilizing bit torrent software to infringe on the copyrights. Multiply the $2k to $3k requested from each identified “John Doe” times a few hundred defendants in several jurisdictions and the
pornographers can feasibly make more money through lawsuits than through selling their product.

To further the strategy, pornographer Patrick Collins filed an action in the U.S. District Court for the Eastern District of Virginia against 58 different unidentified (John Doe) defendants. The
case is Civil Action No: 3:11CV531. We were retained by one of the “John Doe” Defendants. We identified a number of problems
with Plaintiff’s case, not the least of which is the joinder of totally unrelated parties on the same litigation. After seeing this situation, we filed a Motion to Quash on behalf …

U.S. v. Cassim: Domingo Rivera obtains first Federal “music piracy” jury trial defense victory Read more

U.S. v. Cassim: Domingo Rivera obtains first Federal “music piracy” jury trial defense victory

Today, a federal jury acquitted Adil Cassim who was represented by Domingo J. Rivera.  The United States Department of Justice had alleged that Adil Cassim was the leader of Rabid Neurosis (“RNS”).  On the DOJ website, the press release alleged that “according to the indictment, the defendants, led by Cassim for a period of time, […]

Internet Copyright Infringement – Courts Weigh-In Read more

Internet Copyright Infringement – Courts Weigh-In

We frequently handle Internet copyright infringement issues.  These issues present themselves in many forms.  Some examples include: Internet copyright infringement resulting
from copied website contents, Internet copyright infringement claims against ISP resulting from copied website photographs, Internet copyright infringement claims against Internet search engine from
displaying copyright images as thumbnails with the indexed results, and Internet copyright infringement claim against search engine and online retailer resulting from the use of copyrighted images as
thumbnails.

Internet copyright infringement decisions are far from uniform.  Quite to the contrary, Internet law is one of the least predictable areas of law. However, the decisions of …

The CDA, cyber-racketeers, the DMCA, and changes to Section 230 by Domingo Rivera Read more

The CDA, cyber-racketeers, the DMCA, and changes to Section 230 by Domingo Rivera


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It has been quite a while since my previous post.  I have been extremely busy assisting my clients with Internet
legal matters.  Internet defamation continues to affect the reputation of
businesses and professionals as former customers, patients, and others who know
that they do not have valid legal claims assert their false and frivolous
complaints in blogs, forums and smear sites.  Even competitors are now
posing as unsatisfied consumers in order to post false and …