Internet On Trial

Internet On Trial

Modern Day Litigation, Cyber Defamation, and Law in Sports & Entertainment

Monthly Archives: January 2011

West Moves to Overturn $5M Defamation Verdict

Posted in Defamation, Right of Publicity, Trademark
Follow-up: Jury Awards Professors $5M in Defamation Suit Against West   No surprise here; West Publishing has filed a motion to set aside the jury’s $5,000,000 verdict in the case brought against them by the two law professors whom West defamed by selling books bearing the professors’ names, which contained out-of-date and erroneous statements of … Continue Reading

California Court Says E-Mail Not Protected by Attorney-Client Privilege

Posted in Privacy Law
In an apparent setback for Internet and email privacy, this decision by Cali- fornia’s Third Appellate District Court held that an employee’s work email was not protected by the attorney–client privilege. Holmes v. Petrovich Dev. Co., LLC (pdf). If there is any upside to this case, the court very clearly based its decision to allow … Continue Reading

Camera Phones, Copyright Infringement & The Fair Use Doctrine

Posted in Copyright
Apple says the iPhone changed everything. Be that as it may, garden variety cell phone–camera devices have been around about a decade longer than Apple’s iconic iPhones, and conceptually speaking, these devices have had a greater impact on our at-large social habits, news, criminal justice system—and even our society—than Steve Jobs could ever dream of. … Continue Reading

“Big Four” Record Companies Headed Back to Court on Price-Fixing Allegations

Posted in Uncategorized
Sony BMG, Universal, Warner Bros. and EMI, a/k/a the big four record labels are all headed back to court over price-fixing allegations, after Monday’s ruling by the U.S. Supreme Court, denied their petition for certiorari in Sony Music Entertain- ment v. Kevin Starr, No. 10-263. Denying the certiorari petition (this is a fancy term for … Continue Reading

BCS Has New Home on ESPN; Brennaman Can Take Ted Williams’ Old Job

Posted in Media Law
  Regardless of whether you liked the teams or the outcome of last night’s BCS National Championship game, you have to admit how much better the championship is now that it’s back on ABC’s family of networks. During the three years that Fox carried the title game, the coverage was dreadful. The production was bad, … Continue Reading

Buckeyes’ Consequences, Part II: What is a Contract?

Posted in Uncategorized
Many people believe that a contract has to be in writing, or it’s not a contract. Not true. Another common mis-perception is that a contract is a document or tangible piece of paper. Also not true. Although contracts are oftentimes written, the contract is the actual agreement itself, and not the paper it’s written on, … Continue Reading

Consequences if Buckeyes Break Promise to Return

Posted in Ohio
Last night, the Ohio State Buckeyes beat the Arkansas Razorbacks 31–26 in the Allstate Sugar Bowl. The games’s MVP was junior quarterback Terrelle Pryor, who, along with four other Buckeyes, was suspended by the NCAA on Dec. 23, 2010 for allegedly receiving improper benefits (NCAA Press Release pdf). The so-called improper benefits were cash proceeds … Continue Reading