Tuesday, November 03, 2009

False Lat

Just saw this post about a University of Miami School of Law professor suing Above the Law for three counts: 1) False Light; 2) Invasion of Privacy; 3) Copyright Infringement. The pro se complaint is here.

Maybe I have my blogger goggles on, but I don't see how this goes past 12(b)(6), especially the last two. Copyright infringement for posting a picture pilfered from the law school's website? Putting aside any fair use arguments, does the professor even "own" the copyright? And more seriously, the complaint is written terribly. I wanted to slash my wrists reading that first paragraph. And before the dear professor sues me, this is, like, my opinion man. Although, I'd be happy to put that complaint up against anything written by a Boaltie 1L.


Blogger Patrick said...

Comments are closed on the ATL thread out of "respect for the judicial process." That made me chuckle..

There was an article about this on law.com yesterday, and when I saw it I though to to myself "if ATL wants to jab back at the professor's harassing lawsuit, they'll post about it." Looks like they are.

11/03/2009 11:01 AM  
Blogger Dan said...

I think "False Lat" is the frontrunner for Title of the Year.

11/03/2009 11:22 AM  
Anonymous Anonymous said...

Claim #1 won't see discovery either considering the Florida Supreme Court explicitly refused to recognize false light as a tort.


Re: your suicide attempt -- Remember to go up the river, not across.

11/03/2009 11:44 AM  
Anonymous Anonymous said...

I would guess the copyright belongs to the university photographer (so probably the university). Unless they were so cheap they asked their employees to provide their own headshots.
But why false light and not defamation?

11/03/2009 10:25 PM  
Anonymous Anonymous said...


11/04/2009 1:56 PM  

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