Cyber Lawyer Blog: Recent Comments

Comment on Internet Defamation can cost you.... to the tune of $11.3 M

2011-10-25T09:33:07Z

After 18 months of trying to get seriously defamatory material removed from firstly Ripoff Report and then Google I filed proceedings in Australia against Google Inc and Google AU in February 2011.

we don't have the CDA and our High court (Dow Jones v Gutnick 2002)http://www.austlii.edu.au/au/journals/MULR/2003/21.html found that defamation occurs in the place in which it is downloaded.

Am I scared-yes. But I have tough lawyers :). I have started a blog about the issues concerning these websites, Google and my case at
drjaniceduffy.com It is not complete yet but I am getting it organised.

Comment on Internet Bloggers Beware: Ohio Court Lands Another Blow Against Those Engaging in Internet Defamation

2011-09-30T09:20:55Z

This is my first attempt at a blog, but I could not find another way to defend myself against these blogs online bullying. I am a small business owner and pride myself in being entrepreneurial and trying to add to the benefit of the community by creating jobs and opportunities not only for me but to others. Recently, I was under attack online blog from a source that I do not give credibility to give them just what they want more free press.

Comment on Are Website User Reviews Copyrightable?

2011-09-22T16:13:16Z

I think it depends on a comment and whom it was posted by. If you copy a long (200+ words) comment which was written by professional in the industry you might have some issues with copyright, but if it is something somewhat generic should be no problems.

Comment on Internet Defamation can cost you.... to the tune of $11.3 M

2011-09-07T06:17:36Z

I'm not saying that it was ok for us to post anything online before but nowadays with internet defamation lurking just around the corner we have to double and triple check anything and it's becoming quite annoying. The worst part of it is that law itself does not prohibit us but fear of our reputation being sabotaged is something much more powerful.

Comment on Are Website User Reviews Copyrightable?

2011-07-06T02:04:44Z

Great blog and detailed review of relevant law concerning IP, TM, and Copyright. Keep up the good work!

Comment on Hidden System Files May Support Criminal Prosecution

2011-04-02T18:47:29Z

Where can I find more information on the topic of this article?

Comment on Are Website User Reviews Copyrightable?

2011-03-31T04:18:10Z

Well yes, a review is copyrightable because it's a creative construct of the author. However, the author may elect to transfer copyright to the website owner in trust that the owner will protect his content from being claimed by another.

For example, a poster on my website (which houses commentary about plastic surgeons) may elect to grant ME copyright of his content and in trust that I will PROTECT his unique content from being claimed by another. For example: IF I am assigned copyright to a users post and a lawyer from Medical Justice writes to me telling me that his client 'owns' the copyright and makes that claim as a basis for removal AND there is actually no actionable defamation found in the post to warrant removal on my part AND my poster wishes his content to remain, I could have grounds to challenge your client's claim to copyright. Why? Because it would resolve to something I might also have legal right to claim and perhaps be on a 'higher ground' to claim it.

My claim to the copyright would be that I am protecting the unique content of a user; his creation. Protecting unique content is the SPIRIT of copyright and transfer to me of the copyright would be within that spirit. Your claim to copyright or your client's claim to it (in the event my poster is your client's patient and has signed a 'gag contract') is a claim against anything another could say about your client in the future which is well outside of the spirit of copyright.. Hence, in a battle for copyright between 2 parties to which the user of my website has transferred copyright to; me vs. your client, I would contend that the rightful owner of the copyright would be the party protecting the spirit of copyright; me, the website owner.

Comment on U.S. v. Cassim: Domingo Rivera obtains first Federal "music piracy" jury trial defense victory

2011-03-21T12:55:57Z

Mr. Expert,

Are you going to have a follow up post or article about this anytime soon? :)

Comment on Internet Defamation can cost you.... to the tune of $11.3 M

2011-03-16T12:33:11Z

Hi, My name is Tony ,
We have just put up a new Website. Can you take a glance at it and give us your honest opinion and let us know what you think about it.

Comment on Internet Bloggers Beware: Ohio Court Lands Another Blow Against Those Engaging in Internet Defamation

2010-11-24T10:27:49Z

There are two types of defamation under defamation law principles, they are libel and slander. The slander is spoken statements. Now A days libel on the interney has become one of the hottest topics of internet law.