Public Citizen

MAY 13, 2022

But the facts revealed by its conduct of the case, and its failure to pursue other cases, casts even further doubt on the bona fides of its extensive use of DMCA subpoenas to identify critics who uses its print and video works as the subjects of discussion.

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Public Citizen

OCTOBER 14, 2021

The demand letter also presents a copyright claim, invoking the DMCA instead of threatening to sue for infringement – it  likely invokes the DMCA because, unlike suits for infringement, DMCA takedowns can be issued over unregistered copyrights.

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Public Citizen

MARCH 7, 2022

The only infringement lawsuit that Watch Tower has filed against the target of one of its DMCA subpoenas is a current case (discussed below) in which enforcement of the subpoena was denied! When Watch Tower has to litigate its DMCA subpoena, it loses (see below).  The Present Line of Cases.   And that almost never happens. 

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Lawyers 112

Public Citizen

NOVEMBER 18, 2021

Both in threatening Jessamyn West over her MLSTHP site , and in threatening to sue the Mockingbird Foundation over its website for Phish fans, Phish.net, the Higbee firm sought to take advantage over those hosts’ failure to perfect the registration of DMCA agents for receipt of takedown demands. But it gets worse.

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Public Citizen

JUNE 22, 2022

He elaborated only that, to the extent that Bayside was arguing that the text of the DMCA precluded any invocation of the First Amendment as limiting enforcement of a subpoena sought in furtherance of an alleged copyright claim, that raised serious First Amendment concerns that militated against such a construction of the statute.

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Public Citizen

APRIL 7, 2022

Would Twitter be legally obligated to hand over the name of the account holder without delay, knowing that the likely result could be an all-expenses paid trip for the Twitter user to a re-education camp in Xinjiang?    Bayside cross-moved to compel compliance. 

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Public Citizen

AUGUST 10, 2020

  Because the requirement of "volition" before an alleged infringed can be held liable provides an alternate, although for less perfect, defense in such cases, the Higbee firm  claimed said that it was no longer pursuing claims against online hosts, based on their users’ alleged infringement.

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