tag:blogger.com,1999:blog-5383512304639632735.post2700922734365760649..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: National Organization for Marriage claims fair use on Perez Hilton clip; won't cease broadcast of TV adBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5383512304639632735.post-15467674892363191432009-05-05T08:41:00.000-07:002009-05-05T08:41:00.000-07:00I think this is a wonderful example of how the kni...I think this is a wonderful example of how the knife cuts both ways with regard not only to fair use, but with regard to free speech issues as well. Perez Hilton has invoked the protection of both of these principles on numerous occasions, and has been successful (and in my opinion, rightfully so in most cases). He constantly takes pictures and quotes out of context, and I think he may begin to appreciate the severe consequences that expressing your opinion (especially in a harsh way) can entail. If Perez wants to be a public advocate for gay marriage, he needs to be sure he's expressing his opinions in a way that furthers the message - not berates the opposition.Shannon Jamieson, Esq.https://www.blogger.com/profile/04632954315385568867noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-64056722378638645112009-05-04T06:54:00.000-07:002009-05-04T06:54:00.000-07:00Oops! It looks like I was jumping the gun. Pleas...Oops! It looks like I was jumping the gun. Please ignore that last comment. I think I was ANTICIPATING that NOM was going to sue Hilton a la Lenz suing UM Corp, and I read the blog post first thing in the morning before my brain was engaged.<br /><br />As Emily Litella would say, "Never mind!"<br /><br />(But 512 (f) still needs clarification.)themaskedanalysthttp://www.themaskedanalyst.comnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-67039137888904262462009-05-04T03:44:00.000-07:002009-05-04T03:44:00.000-07:00This could present a good opportunity to clarify t...This could present a good opportunity to clarify the meaning of Section 512 (f) of the DMCA. The 9th Circuit has been all over the place on this, and clarification is desperately needed. As I see it, the ruling reached in Rossi v. MPAA is diametrically opposed to that of Online Policy Group v. Diebold.(I believe the Court got it wrong in Rossi). The judge in Lenz v.Universal Music Corp tried to square these rulings with one another and he's made a real mess of things. Reading his August 20, 2008 order Denying Universal's motion to dismiss and his October 28,2008 Order Denying Motion To Certify Interlocutory Appeal is like watching a man tap dancing on quicksand.<br /><br />Hilton calls himself a Miami native on his web site and NOM is based in New Jersey. I'm not sure which is the proper jurisdiction for this, but it looks like another Court may have a crack at getting this right.themaskedanalysthttp://www.themaskedanalyst.com/noreply@blogger.com