Friday, November 02, 2007

Don't Bidzirk Me

This case involved an eBay reseller's attempt to crush an unhappy customer who posted about his experience, only to find himself embroiled in defending his words against full blown federal litigation. Smith, pro se, won the case, but at huge personal expense.

read more | digg story

What's the difference between a journalist and a blogger? Is a blogger a journalist and is a journalist a blogger? The answer isn't so simple because the conversation usually spins down a maze of different avenues. Bloggers have earned the title of "citizen journalists" whether we like it or not.

read more | digg story

This is a great victory for Smith, a pro se litigant who has defended himself admirably. Applied: Lanham Act; which exempts "all forms of news reporting and news commentary" from liability from trademark dilution. In deciding whether the blogger's article fit within the statutory defense, the court applied a "functional analysis" ( a first) , which examines the content of the material, not the format. Also another victory for deep linking.

read more | digg story

A recent lawsuit judgment provided evidence for two things: a blogger may qualify as a journalist; and just because you're a lawyer doesn't mean you have to act like one. Advice: being mean is no way to get through court.

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When Philip Smith took to his blog to describe his (negative) experience of working with an eBay listing company, he did not expect that he would end up representing himself in a federal defamation and trademark dilution lawsuit or that he would have difficulty selling his condo after a lawyer for the plaintiffs clouded his title to the property. Now, after winning the case in spectacular fashion, Smith has emerged as an unlikely hero for bloggers everywhere who hope to be regarded as journalists.

read more | digg story

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