Monday, November 8, 2010

Lamebook v. Facebook

Thanks to a tip from Above The Law, I stumbled on this little gem:  Lamebook Sues Facebook.  Here is a copy of the Complaint:


Lamebook sues Facebook

I have to say, I am impressed with the gumption of the little guy to go out and hire an attorney.  I can imagine it would be scary to get a barrage of emails from the social media tycoon and its legal servants.  Good for these guys for entering the pre-emptive strike.

I am really interested in the way in which the law will be forced to change to accommodate, not only the internet, but specifically, social media.  Also, as much as I got rocked by the two Bar Exam essays on the First Amendment, I really do find it fascinating.  It will also be very interested to see how the internet shapes future intellectual property law.  My final exam question in my Copyright class was on a website's use of a youtube broadcast of a football game.  It was copyright infringement within copyright infringement (think "case within a case")...  Or maybe it wasn't (which would explain why I got a B in that class).  Anyway, having spent a great deal of time working with both the Copyright Office and the US Patent and Trademark Office over the last couple years, I'm a bit concerned that the system might be too antiquated to deal with the IP legal issues raised by social media.

The long and short of it is social media has changed the way we do everything... including practice law.  I recently heard a story (translation: this is total hearsay) about a civil theft case, where the plaintiff was seeking damages as a result of extreme emotional distress and the claim that she had become a hermit, afraid to leave her house, as a result of the incident.  The defense attorney's legal assistant signed onto Facebook, searched the alleged victim, and pulled up her Facebook page, showing that she had been anything but a hermit since the incident.  Not only had she had been out partying regularly, but she had posted all of the dirty details on Facebook for the whole world (and her opposing attorney to see). Ouch.

I can only imagine how Facebook is changing family law.

Back to the Lamebook/Facebook Complaint for a minute... I hope Lamebook wins on the assertion that their website is merely a parody of Facebook.  I personally find that argument genius (and true).

Notably, I do recognize the issue of reproducing a Complaint on my blog.  And I did ask myself if the Complaint constitutes protected information.  Clearly, I concluded that it did not  :)

1 comment:

  1. Hey Nicole (I guess that's what I'll call you now :))! Just discovered and am now following your blog! You're a GREAT writer! I'm excited to read more!!!

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