It's a well-known fact among lawyers that most insurance policies don't cover defamation, invasion of privacy, or copyright infringement claims. It's also true that legal threats against bloggers have escalated dramatically in recent years. So what's a blogger to do? Give up? Never! The Media Bloggers Association has launched an education, legal advisory, and liability … [Read more...] about Finally! Liability Insurance for Bloggers
Archives for September 2008
“Cache” is King in On-line Defamation Cases
I posted yesterday about Steven Tyler's lawsuit against anonymous bloggers. You can read that post here. I thought about the case some more and a particular thought jumped out at me. According to the complaint, Tyler's attorney sent a letter to Google asking them to remove the blogs, which Google did. The complaint goes on, "[a]pparently defiant and intent on infringing … [Read more...] about “Cache” is King in On-line Defamation Cases
Aerosmith Lead Singer’s “Cryin'” over Bloggers’ posts
Steven Tyler, of the world-renowned rock band Aerosmith, has sued anonymous bloggers for: (1) public disclosure of private facts; (2) false light; and (3) misappropriation of likeness. Tyler alleges that the defendants impersonated him and his girlfriend in various posts to their blogs on Google's free blogging platform, Blogspot. This lawsuit is interesting because Tyler … [Read more...] about Aerosmith Lead Singer’s “Cryin'” over Bloggers’ posts
“Anti-SLAPP”- Weapon of Choice for Defendants
Beyond the obvious hurdles of proving a defamation case, a Plaintiff has to worry about what I call the "Bazooka," (mainly because I love saying that word). The Bazooka is an anti-SLAPP motion. Such a motion allows a defendant to dispose of the case at an early stage of litigation and is found in California Civil Code of Procedure section 425.16, et seq. Basically, as long … [Read more...] about “Anti-SLAPP”- Weapon of Choice for Defendants
Subpoenas not subject to motion to strike as “SLAPP”: Tendler v. www.jewishsurvivors.blogspot.com
Subpoenas are not subject to a motion to strike under Code of Civil Procedure section 425.16, et seq., because they do not constitute a "cause of action." Tendler v. www.jewishsurvivors.blogspot.com, June 10, 2008 164 Cal.App.4th 802. This decision will undoubtedly lead to an increase in requests for subpoenas to ISPs and assist plaintiffs in obtaining the identities of … [Read more...] about Subpoenas not subject to motion to strike as “SLAPP”: Tendler v. www.jewishsurvivors.blogspot.com