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Comment Re:Right to Free Speech != Right to Defame (Score 1) 363

Unless, for example, you're an American author like Rachel Ehrenfeld who couldn't get her book about financing terrorism published because most publishing houses have assets in the UK. The New York Times has blocked access to certain stories only in the UK because even though the stories didn't contain any demonstrably false statements, there were concerns about whether some statements could be proven to be true.

Comment Re:Right to Free Speech != Right to Defame (Score 1) 363

I second the points that NotBornYesterday made. Even if one of those defenses could be proved, the vast majority of people simply don't want to litigate because it's expensive, time-consuming and nerve-wracking. This leads to self-censorship and the chilling of some legitimate speech as people steer wide of any gray areas. The problem with UK defamation law is not the contingent fee arrangements, but that the laws are so plaintiff-friendly. From what I recall (perhaps incorrectly), a plaintiff must merely show that the statement has been published and allege (not prove) that the statement is false. In the U.S., the plaintiff has the burden of proving that the statement is false because it's far more difficult to prove truth (or substantial truth) than falsity. The threat of a lawsuit is more than enough to silence nearly any speaker an the UK makes it far too easy to file a colorable claim against speech that is true but embarrassing or disfavored. See, e.g., Phorm.
The Courts

MediaSentry & RIAA Expert Under Attack 273

NewYorkCountryLawyer writes "Jammie Thomas, the defendant in Duluth, Minnesota, RIAA case Capitol Records v. Thomas, has served her expert witness's report. The 30-page document (PDF), prepared by Prof. Yongdae Kim of the Computer Science Department of the University of Minnesota, attacks the reports and testimony of Prof. Doug Jacobson, the RIAA's expert, and the work of the RIAA's investigator, Safenet (formerly known as MediaSentry). Among other things, Dr. Kim termed MediaSentry's methods 'highly suspect,' debunked Dr. Jacobson's 'the internet is like a post office' analogy, explained in detail how FastTrack works, explored a sampling of the types of attacks to which the defendant's computer may have been subjected, accused Jacobson of making 'numerous misstatements,' and concluded that 'there is not one but numerous possible explanations for the evidence presented during this trial. Throughout the report I demonstrate possibilities not considered by the plaintiff's expert witness in his evaluation of the evidence...' Additionally, he concluded, 'MediaSentry has a strong record of mistakes when claiming that particular IP addresses were the origins of copyright infringement. Their lack of transparency, lack of external review, and evidence of inadequate error checking procedures [put] into question the authenticity and validity of the log files and screenshots they produced.'"
Red Hat Software

Red Hat Enlists Community Help To Fight Patent Trolls 166

Stickster writes "Back in 2007, IP Innovation filed a lawsuit against Red Hat and Novell. IP Innovation is a subsidiary of Acacia Technologies. You may have heard of them — they're reported to be the most litigious patent troll in the USA, meaning they produce nothing of value other than money from those whom they sue (or threaten to sue) over patent issues. They're alleging infringement of patents on a user interface that has multiple workspaces. Hard to say just what they mean (which is often a problem in software patents), but it sounds a lot like functionality that pretty much all programmers and consumers use. That patent was filed back on March 25, 1987 by some folks at Xerox/PARC, which means that prior art dated before then is helpful — and art dated before March 25, 1986 is the most useful. (That means art found in a Linux distribution may not help, seeing as how Linus Torvalds first began the Linux kernel in 1991.) Red Hat has invited the community to join in the fight against the patent trolls by identifying prior art. They are coordinating efforts through the Post Issue Peer to Patent site, which is administered by the Center for Patent Innovations at the New York Law School, in conjunction with the US Patent and Trademark Office."

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