Farber on The Efficacy of Trespass, Nuisance, and Privacy Torts as Applied To Drones

Media Law Prof Blog

The Efficacy of Trespass, Nuisance and Privacy Torts as Applied to Drones in volume 33 of the Georgia State Law Review. Hillary B. Farber, University of Massachusetts School of Law, Dartmouth, is publishing Keep Out! Here is the abstract.

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Applying Existing Tort Law To Privacy Concerns On the Internet

Media Law Prof Blog

Diane Leenheer Zimmerman, New York University School of Law, is publishing The 'New' Privacy and the 'Old': Is Applying the Tort Law of Privacy Like Putting High-Button Shoes on the Internet? in Communication Law and Policy. Here is the abstract

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Brandeis and the Tort Theory of Privacy

Media Law Prof Blog

Richards, Washington University School of Law, has published The Puzzle of Brandeis, Privacy, and Speech, in volume 63 of the Vanderbilt Law Review (2010). Most courts and scholarship assume that privacy and free speech Neil M. Here is the abstract.

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Applying Existing Tort Law To the Privacy Concerns On the Internet

Media Law Prof Blog

Diane Leenheer Zimmerman, New York University School of Law, is publishing The 'New' Privacy and the 'Old': Is Applying the Tort Law of Privacy Like Putting High-Button Shoes on the Internet? in Communication Law and Policy. Here is the abstract

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Civil Recourse For Online Privacy Violations in the Chinese Legal System

Media Law Prof Blog

Scott Livingston, Covington & Burling, LLP, and Graham Greenleaf, University of New South Wales, Faculty of Law, have published The Emergence of Tort Liability for Online Privacy Violations in China as 135 Privacy Laws & Business International Report 22-24 (2015

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California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

New Media and Technology Law

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act , 740 Ill. 26, 2018) (cases consolidated at In re Facebook Biometric Information Privacy Litig. , A violation of the BIPA notice and consent procedures infringes the very privacy rights the Illinois legislature sought to protect by enacting BIPA.

Re-evaluating the Supreme Court's Approach to Defamation, Privacy, and IIED

Media Law Prof Blog

Cristina Carmody Tilley, Loyola University of Chicago School of Law, has published Tort, Speech, and the Dubious Alchemy of State Action at 17 University of Pennsylvania Journal of Constitutional Law 1117 (2015). Here is the abstract. Plaintiffs have historically used

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Hey, Google, Get Off My Lawn!

JetLawBlog

The Borings filed suit in Pennsylvania state court alleging more torts than you would see on a first-year law school exam. Specifically, the Boring’s complaint included accusations that Google had committed torts in the line of invasion of privacy, trespass, negligence, and conversion, and that the Borings were entitled to consequential and punitive damages to the tune of $25,000 a claim, as well as injunctive relief.

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

New Media and Technology Law

But what happens when a self-published book offered for sale contains content that may violate a third-party’s right of publicity or privacy rights? This past month, an Ohio district court ruled that several online self-publishing services were not liable for right of publicity or privacy claims for distributing an erotic (and so-called “less than tasteful”) book whose cover contained an unauthorized copy of the plaintiffs’ engagement photo because such services are not publishers.

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Cyber-Threatened Tween Could Go for IIED Gold

JetLawBlog

Although section 46 of the Restatement (Second) of Torts suggests that mere insults, indignities, and threats will not suffice, this behavior far exceeds mere insults or threats. Until a few days ago, not many people over the age of fifteen had heard of Jessi Slaughter (an alias). An eleven-year-old girl who frequently posted videos of herself engaging in colorful rants, Jessi was a bit of a celebrity among tweens on the Internet.

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The Tennessee Titans Sue Lane Kiffin and USC for Poaching Their Coach

JetLawBlog

Tags: JETL Uncategorized advertising career contracts courts entertainment financial games government intellectual property journalism lawsuits media privacy progress sports technology breach of contract coach coaching Davidson County Employment inducement Jeff Fisher JMU Kennedy Pola Lane Kiffin Marist College Matt Brady NFL Tennessee Titans tort University of Southern California USC

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Plaintiff's Postings on MySpace Negate Invasion of Privacy Claim

New Media and Technology Law

Calcagni involves a dispute between high school students that escalated into petty criminal charges against one of the students, a retaliatory "tell-all" book written by that student's parents and printed by an online print-on-demand company, and a resulting lawsuit by the second student against the first student and her parents for defamation and privacy torts. Tags: social networking invasion of privacy Privacy

Entertainment Law Update Podcast Episode 34 – Publiciity, Politicians, Godfathers and more…

Gordon P. Firemark

Superior Court , the court of appeal issued a writ of mandate compelling the trial court to grant Touchstone’s motion, holding that the company’s decision not to renew the contract was not a termination, and that Sheridan could not maintain a claim for wrongful termination in violation of public policy because “a decision not to renew a contract set to expire is not actionable in tort.” Call us with your feedback: (310) 243-6231. In this Episode: Burberry/Bogart case settled.

Using Drones for TV News – What are the Legal Issues?

Broadcast Law Blog

Federal, state, and local governments are struggling with the potential safety and privacy implications that follow from putting thousands of drones in the sky for a variety of uses. That being said, stations may be vulnerable to legal claims under traditional tort law if their agent drops a drone on a bystander or otherwise captures footage of private events in violation of state or local law (as noted below).

Vikings Pillage NFL Drug Policy in Minnesota Courts

JetLawBlog

Going with the kitchen sink approach, they alleged an astonishing array of torts, some more ridiculous than others, including breach of fiduciary duty, violation of public policy, fraud, negligent misrepresentation, and intentional infliction of emotional distress, among others. The Minnesota Vikings have taken the early lead in the NFC North this year after an undefeated September campaign.

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“I Know it When I Play it”: Supreme Court Announces it Will Consider First Amendment Protection for Violence in Video Games

JetLawBlog

Now it seems we can add tort claims to the mix as the makers of the Nintendo Wii continue to battle allegations of defective wristbands that, in conjunction with sweaty palms, have resulted in a number of shattered television screens. Whether we like it or not, video games have become an undeniable force in our world.

User-Generated Content, Social Networks, and Virtual Worlds, Part II: Volume 11, No. 4

JetLawBlog

This Article then discusses the personhood rational to protect property rights and the tort of negligent infliction of emotional distress as two possible legal theories that are dependent on the quality of the relationship and as two real-world legal theories that are potentially applicable in virtual worlds depending on the nexus between the individual and the avatar.

The Tor Browser Afforded CDA Immunity for Dark Web Transactions

New Media and Technology Law

Many people and organizations use the Tor Network for legal purposes, such as for anonymous browsing by privacy-minded users, journalists, human rights organizations and dissidents living under repressive regimes. The District of Utah ruled in late May that Section 230 of the Communications Decency Act, 47 U.S.C. 230 (“CDA”) shields The Tor Project, Inc. (“Tor”),

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Law Professor sues 'Above the Law' blog; time to go back to complaint-drafting school

Copyrights & Campaigns

The complaint includes three causes of action based on ATL's alleged insinuation that Jones had committed a crime, and on its posting of the photocollage: 1) false light; 2) invasion of privacy; 3) and copyright infringement, based on ATL's display of a photo of Jones. How a Florida law professor could file a lawsuit grounded in a tort that, only a year before, had been rejected by the Supreme Court of his state, is beyond me.

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Zombie Images and the Right of Publicity

New Media and Technology Law

The associates claimed that the failure to completely remove the information and photos violated their privacy by "misappropriation of likeness." The court commented in passing that the associates had not claimed that the law firm was negligent, but instead asserted a claim for an intentional tort. Deleting information in the digital world can be a problematic issue.

Sixth Circuit Enforces Disclaimers in Consumer Online Clickwrap Terms of Service

New Media and Technology Law

Perhaps it is the following passage, in which the district court concludes that Section 230 is not limited to defamation claims or even to tort claims, but encompasses all potential civil claims against a provider based upon third-party content. Indeed, the plain language of Section 230 does not limit its grant of immunity to tort claims: “No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.”

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Who Controls Your Likeness? Balancing Right of Publicity and Free Speech

Current Trends

Both fact patterns are the subjects of current litigation, with the plaintiffs bringing causes of action for misappropriation of the right of publicity and/or privacy. Colorado common law governing torts for appropriation of name or likeness controls the political mailer case. In the March 6 New York trial court opinion , the court stated that New York does not recognize the common law misappropriation torts of privacy or publicity.

Don’t be Moral: Why Does Google Consistently Deflect Questions of Machine Ethics?

Music Technology Policy

Or does it bear repeating that Google has no liability reserve for the product tort exposure they have just taken on? But the case that every first year law student encounters within days of starting their Torts class (unless taught by a pamphleteer) is Bird v. “As robots become more autonomous, the notion of computer-controlled machines facing ethical decisions is moving out of the realm of science fiction and into the real world.”

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Entertainment Law Update Podcast – Episode 9, Olympic trademarks, album integrity, and more.

Gordon P. Firemark

Court dismissed Yeager’s right of privacy claims as time barred by the statute of limitations. invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one issue of a newspaper or book or magazine or any one presentation to an audience or any one broadcast over radio or television or any one exhibition of a motion picture.” GET CLE CREDIT for this episode. Quick Takes. IP and the Olympics.

Guest Post by @cagoldberglaw:  Scared as Hell: Section 230 Denies Access to Justice, Not Free Speech Protection

Music Technology Policy

Our tort system is centuries old and it is the great equalizer enforced by the courts—an entire branch of government and integral to our entire concept of checks and balances. In almost every kind of harm, for a couple hundred bucks a single person can use the tort law and the courts to hold the most powerful person or company responsible if they caused us harm and we can stop them from further hurting us which is Matthew’s case. By Carrie A. Goldberg. [We

Jammie Thomas judge: MediaSentry broke no laws; defense expert limited; fair use defense waived

Copyrights & Campaigns

And MediaSentry did not violate the Electronic Communications Privacy Act of 1986 because "MediaSentry was clearly a party to the electronic communication with Defendant" and "MediaSentry did not intercept the communications for the purpose of committing a crime or tort."

Hey Douchebag! Your Chicks’ Case is Outta Here!

The Legal Satyricon

The chicks also sued for intentional and negligent infliction of emotional distress, conspiracy, and invasion of privacy. The invasion of privacy count was particularly funny. Invasion of privacy occurs when “the matters revealed were actually private, that dissemination of such facts would be offensive to a reasonable person, and that there is no legitimate interest of the public in being apprised of the facts publicized.” Restatement (Second) of Torts § 652D cmt.

Hey Douchebag! Your Chicks’ Case is Outta Here!

The Legal Satyricon

The chicks also sued for intentional and negligent infliction of emotional distress, conspiracy, and invasion of privacy. The invasion of privacy count was particularly funny. Invasion of privacy occurs when “the matters revealed were actually private, that dissemination of such facts would be offensive to a reasonable person, and that there is no legitimate interest of the public in being apprised of the facts publicized.” Restatement (Second) of Torts § 652D cmt.

The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers

New Media and Technology Law

The DOJ believes that Section 230 should distinguish between its “core immunity” for defamation-type torts and those claims against providers that knowingly host or are willfully blind to third-party content that facilitates federal criminal activity.

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Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free

Music Technology Policy

If you watch the beginning of Steven Colbert’s interview with Lester Lawrence “ Ace ” Lessig III promoting Lessig’s book “Remix”, there is an “aha” moment—the basic principle of the hybrid economy is that regular folks (lawfully or unlawfully) create content and post it, or give up their privacy to enrich the Web 2.0 By Chris Castle reposted from August 2010.

Fisking Charlie Nesson: What about Joel?

Copyrights & Campaigns

Joel has already been interrogated for nine hours straight in a forced deposition; has been made to endure the depositions of his mother, father, sister, and friends; and will be compelled to submit his current computer and his privacy to an "expert" of the RIAA's choosing so they can make a mirror image of the hard drive for forensic analysis. And yes, they should be able to "pocket[]" any damages they are awarded, just like any other tort plaintiffs.

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Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free

Music Technology Policy

If you watch the beginning of Steven Colbert’s interview with Lester Lawrence “ Ace &# Lessig III promoting Lessig’s book “Remix”, there is an “aha” moment—the basic principle of the hybrid economy is that regular folks (lawfully or unlawfully) create content and post it, or give up their privacy to enrich the Web 2.0 By Chris Castle reposted from August 2010.