Sue For Defamation of Character and Risk Making Matters Worse?

Defamation of character update:

"Sue for defamation of character" is a common request by clients seeking representation for false and defamatory Internet content, a post, a comment or web site. But filing a defamation or libel lawsuit is more often the last step, rather than the first. Anit-SLAPP laws provide for attorney fees against the Plaintiff if the defamation of character claim does not meet minimum requirements. The Internet can turn against you quickly multiplying one defamatory statement into dozens of publications. Suing for defamation is something you may HAVE to do.  But solving the problem without a lawsuit is almost always preferable.

An experienced Defamation / Libel attorney knows that the first step is to assess the claims, get the facts and provide advice to the client on how to proceed.  "Can I sue for defamation of character?" is the first question you should ask your lawyer.  The second step is often a request to the web site host, author of the libelous statement or web site owner, to remove the content. Often times, the web site Terms of Service (TOS) prohibit defamatory statements and the operator of the site will be willing to remove the content upon proposer request, complete with documentation establishing that the statements are false or that the author is not who they say they are.

Before you demand your lawyer to sue for defamation of character, make sure you and your lawyer fully understand the facts and the law. Don't let emotions get the best of you.  Make an informed business decision based on solid legal advice.

Eminem Files Copyright Infringement Lawsuit against Audi

As reported by BET, Eminem filed a lawsuit against German car company, Audi, for copyright infringement after the company used his Oscar-winning song “lose Yourself” in its commercial advertisement.  In addition to the alleged unlicensed use of the song, Joel Martin, a spokesperson for Eminem’s company Eight Mile Style, said,  "We believe Audi not only used "Lose Yourself" to sell their product without permission, but their spot actually feels inspired by elements of Chrysler's commercial campaign.”

 

Internet Privacy Update: Tennessee Passes Bill Making Password Sharing Illegal

As reported in the ABA Journal, Tennessee law makers have passed a bill making it illegal to share a friend’s login to listen to music or download and watch movies from services such as Netflix and Rhapsody.  The bill, which takes effect on July 1, was pushed by the Recording Industry Association of America (RIAA) in light of the billions of dollars it loses as a result of illegal music sharing.  The bill was proposed to battle hackers who sell passwords in bulk.  However, it may be employed against people who share their subscriptions with family members and friends.

Under the bill, violators caught stealing $500 or less will be charged with a misdemeanor punishable by up to one year in jail and a fine of $2,500.  Theft over $500 would be a felony with more serious penalties.  The RIAA hopes the bill will spread throughout the states but specifically targeted Tennessee because of its close ties with Nashville.