FEDERAL JUDGE RULES CEASE AND DESIST LETTERS CAN BE COPYRIGHTED

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TECH DIRT – We wrote about a law firm that was claiming a copyright on
the cease-and-desist letters it sent out, and insisting that it was a
violation to repost them. It's long been believed that cease-and-desist
letters that have no new creative expression and are merely boilerplates
are likely not covered by copyright. On top of that, preventing someone
from copying a cease-and-desist letter or posting it on their own
website seems like a pretty severe First Amendment violation. The group
Public Citizen hit back against this law firm's claims, but
surprisingly, a [federal] judge has now agreed that you can copyright
cease-and-desist letters. The news was announced in a press release by
the lawyer in question, who claims this means he can now sue anytime
someone posts one of his cease-and-desist letters. He also goes on to
slam those who believe free speech means being able to talk about the
fact that a company is bullying them:

"The publication of cease and desist letters is an easy way for
scofflaws to generate online 'mobosphere' support for illegal activity
and, until today, many businesses have been hesitant to take action to
address some of the lawlessness online because of possible retaliation
and attacks."

To which I would respond: "The copyrighting of cease-and-desist letters
is an easy way for law firms to bully small companies who have committed
no wrong, but who have no real recourse to fight back against an attempt
to shut them up via legal threat. Until today, many companies who were
being unfairly attacked by companies and law firms misusing
cease-and-desist letters to prevent opinions from being stated, had a
reasonable recourse to such attacks, and could draw attention to law
firms that used such bullying tactics to mute any criticism." This is an
unfortunate ruling and can only serve to create a serious chilling
effect on free speech.

http://techdirt.com/articles/20080125/18070575.shtm

PRESS RELEASE
http://www.prweb.com/releases/DozierInternetLaw/InternetLawyer/prweb650951.htm


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