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Constitutional Law Criminal Law

HBO Doc on “Cannibal Cop” Shows Ugly Side of Net and Law

Last night HBO debuted its intriguing documentary “Thought Crimes” focusing on the Cannibal Cop case here in NY. The trial and the show exposed a dark side of the Internet, revealing chat rooms and websites devoted to discussion and fantasy about kidnapping, raping and even murdering women. But it also showed the potential danger of […]

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Constitutional Law Litigation

Talking Isn’t Stalking: Reach and Implications of Georgia Stalking Case

This is Part 2 of 2 about the Georgia Supreme Court’s Decision in Chan v. Ellis. I wrote about how the case got to the Supreme Court of Georgia earlier this week: https://courtroomstrategy.com/2015/03/georgia-supreme-court-rules-that-internet-posts-about-someone-dont-constitute-stalking/ This part will discuss the decision and its implications on future stalking claims. In deciding unanimously that Georgia’s Anti-Stalking Statute was not […]

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Constitutional Law Criminal Law Litigation

Oregon Upskirt Case Shows How Old Laws Can’t Catch New Crimes

They say you can’t teach an old dog new tricks, but 61 year old Patrick Buono of Portland Oregon learned that by crouching way down in the aisle of a store he could take cellphone pictures up girl’s skirts. He admittedly did that in a Beavertown Oregon Target store and captured an “upskirt” picture of […]

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Constitutional Law Criminal Law Entertainment Law Litigation

First Amendment Case is Crash Course in Rap for SCOTUS

Anthony Elonis is a Pennsylvania man convicted of issuing threats to his ex-wife, who had an order of protection against him.  All of the relevant threats were posted on Elonis’ Facebook page and most of them took the form of rap lyrics. He did not tag or link his ex-wife to the posts and he […]

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Constitutional Law Criminal Law

Cannibal Cop Juror Speaks Out About Overturned Conviction

I was contacted by a juror from the notorious Cannibal Cop case who wanted to break the jury’s silence following the stunning reversal of their guilty verdict by the judge presiding on the case. Since the person wants continue to remain anonymous for as long as possible, I’ll call them Juror X (“JX”).  What JX […]

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Constitutional Law Copyright Law Criminal Law Entertainment Law Intellectual Property

Art Gallery’s Plan To Exhibit Hacked Celeb Photos Should Be Stopped

By now we have all heard that due to an apparent glitch in the iCloud function, dozens of nude and compromising photos of celebrities such as Jennifer Lawrence, Kate Upton and others have been spread all over the Internet. So now to add insult to injury, comes word that an LA Artist that goes by […]

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Copyright Law Entertainment Law Intellectual Property Litigation

Court Rules Publisher Owns E-Book Rights Based on 1967 Contract Language

In 1971, Jean George wrote the popular children’s novel Julie of the Wolves and conveyed publishing rights to HarperCollins to publish the book in exchange for a $2,000 advance and royalty payments of between ten and fifteen percent, depending on number of copies sold. Her literary agency Curtis Brown, negotiated the terms of the contract […]

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Copyright Law Intellectual Property Litigation

California Appeals Court Rules in Favor of Group Registration of Copyrights – Big Boon to Mass Photo Agencies

The 9th Circuit Court of Appeals issued a long-awaited decision in the case of Alaska Stock v. Houghton Mifflin that favors the “compilation” or “group” registration of digital images by large photo agencies. The decision, in its essence, states that provided the registrant owns the copyright in all of the images that make up the […]

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Copyright Law Intellectual Property

Beware of Getty Bearing Gifs – No typo, Its a Pun

Disclaimer: For the last seven years or so I have been representing businesses large and small who have received demand letters from Getty Images over the unlicensed use of their stock photography. I have also represented many business who have recently been sued over a smattering of lawsuits Getty has filed around the country this […]