2005-06-23»
no grokster for you »More Supreme Court decisions on Monday, and maybe an extra day after that.
Phew.
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2005-06-22»
tomorrow will be quite the eigenday»Two things have some non-negligable probability of happening tomorrow:
It's one of the last few days for the Supreme Court to announce their decision in the Grokster case, which could go either way. You'll hear about that around 7.30AM PST. And then, at noon PST, the Senate Appropriations Committee could ignore the thousands of mails and phone-calls and faxes sent, and legislate into existence a Broadcast Flag.
I'll be the one under the desk with the rosary beads.
2005-06-13»
pimptastic EFF easter eggs»I duly avow that I will only use this blog to shill EFF projects when it I am absolutely, categorically, slightly inclined to do so. But the new Legal Guide for Bloggers is a surprisingly fun casual read, even if you're not at this moment being dragged away from the wi-fi cafe by the cops.
I particularly like the defamation section
Context is critical. For example, it was not libel for ESPN to caption a photo "Evel Knievel proves you're never too old to be a pimp," since it was (in context) "not intended as a criminal accusation, nor was it reasonably susceptible to such a literal interpretation. Ironically, it was most likely intended as a compliment." However, it would be defamatory to falsely assert "our dad's a pimp" or to accuse your dad of "dabbling in the pimptorial arts." (Real case, but the defendant sons succeeded in a truth defense).
(Kurt says he has another great case law example that will go in shortly, based on a detailed discussion of the idiomatic use of "dumb ass", and what exactly linking a name to www.satan.com conveys about an individual.)
I would love to to find someone who might be interested in doing a similiar document for the UK. God knows we need a blogger's guide to British libel (if only because the UK is the most likely place for anyone online to be sued), as well as the UK's implementation of the EUCD and other DMCAish statutes.