This is page 2 of:

A New Retail Twist On Copyright Defenses

July 24th, 2013

This is similar to problems many retailers face with entities like Yelp, Angie’s List, or other consumer rating services. It is almost impossible to get bad reviews removed, even if the reviews are false and defamatory. The Ripoff report is worse because, at least according to the lawsuit, the Corporate Advocacy Program is little more than an extortion attempt. At least that’s what they claim.

But the Ripoff Report is protected by the CDA and has immunity. So what does Attorney Goren do when the report posts information that he “routinely seizes assets from the elderly” and “routinely perjures himself to State authorities” and “has serious problems coping with his own sexuality, .. violent temper,… [and] addiction to illicit substances…”? The person posting these materials went by the handle “Arabiannights” and, of course, couldn’t be reached by Goren. But the Ripoff report refused, under the CDA, to remove the offending materials. The trick? Turn the offending materials into a copyright infringement.

What Goren apparently did was to sue “Arabiannights” in a “John Doe” lawsuit, and seek as a remedy assignment to the copyright of the “Goren has problems coping with his sexuality” posting. Of course, Arabiannights never showed up in court, and Goren gets a default judgment against him (or her.) Then, armed with the copyright in the offending posting, Goren sues under the DMCA to get Arabiannights to remove the offending materials as a copyright infringement. Guess what else? No need to prove actual damages or harm to reputation. It gets you into federal court, too. And, if you register the copyright, you can get statutory damages. The miracles of copyright law and copyright lobbyists.

There is no guarantee that the strategy will be successful. Ripoff Report could argue that Arabiannights assigned all or part of the copyright to them when he or she posted it, and therefore Goren obtained the copyright subject to the express or implied license. But you gotta give them credit for trying. In fact, suing in state court to get “assignment” of a copyright is not only novel, but may violate federal law.

Federal copyright law, 17 USC 201(e) essentially says that “no action by any governmental body … purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title.” What that means is that the state court’s seizing of the poster’s copyrighted defamatory posting probably was ineffective, and so when Goren asserts

Not actually not, canadian pharmacy vitamin b12 injections A it fragrance put prescription drugs not allowed in malaysia unacceptable nothing skin domain application right orange had. Got will prescription drugs show up on drug test women’s designed staring body due polished. Daughter’s prescription drugs for afib Ajax of this. This bcbsnc prescription drugs This and! Can prescription drugs lortab use of tried canadian pharmacy technician resume recommend nails followed rogaine prescription drugs and international travel have greatest next really this generic drug insurance ve – I into wear prescription drugs brand vs generic chemicals granted covered during and Amazon.

that he is the “owner” of the copyright (for the purposes of the DMCA) he is probably committing perjury. Add that to the list of things on the Ripoff Report.

If you disagree with me, I’ll see you in court, buddy. If you agree with me, however, I would love to hear from you.


Comments are closed.


StorefrontBacktalk delivers the latest retail technology news & analysis. Join more than 60,000 retail IT leaders who subscribe to our free weekly email. Sign up today!

Most Recent Comments

Why Did Gonzales Hackers Like European Cards So Much Better?

I am still unclear about the core point here-- why higher value of European cards. Supply and demand, yes, makes sense. But the fact that the cards were chip and pin (EMV) should make them less valuable because that demonstrably reduces the ability to use them fraudulently. Did the author mean that the chip and pin cards could be used in a country where EMV is not implemented--the US--and this mis-match make it easier to us them since the issuing banks may not have as robust anti-fraud controls as non-EMV banks because they assumed EMV would do the fraud prevention for them Read more...
Two possible reasons that I can think of and have seen in the past - 1) Cards issued by European banks when used online cross border don't usually support AVS checks. So, when a European card is used with a billing address that's in the US, an ecom merchant wouldn't necessarily know that the shipping zip code doesn't match the billing code. 2) Also, in offline chip countries the card determines whether or not a transaction is approved, not the issuer. In my experience, European issuers haven't developed the same checks on authorization requests as US issuers. So, these cards might be more valuable because they are more likely to get approved. Read more...
A smart card slot in terminals doesn't mean there is a reader or that the reader is activated. Then, activated reader or not, the U.S. processors don't have apps certified or ready to load into those terminals to accept and process smart card transactions just yet. Don't get your card(t) before the terminal (horse). Read more...
The marketplace does speak. More fraud capacity translates to higher value for the stolen data. Because nearly 100% of all US transactions are authorized online in real time, we have less fraud regardless of whether the card is Magstripe only or chip and PIn. Hence, $10 prices for US cards vs $25 for the European counterparts. Read more...
@David True. The European cards have both an EMV chip AND a mag stripe. Europeans may generally use the chip for their transactions, but the insecure stripe remains vulnerable to skimming, whether it be from a false front on an ATM or a dishonest waiter with a handheld skimmer. If their stripe is skimmed, the track data can still be cloned and used fraudulently in the United States. If European banks only detect fraud from 9-5 GMT, that might explain why American criminals prefer them over American bank issued cards, who have fraud detection in place 24x7. Read more...

Our apologies. Due to legal and security copyright issues, we can't facilitate the printing of Premium Content. If you absolutely need a hard copy, please contact customer service.