Constitutional Law

KingCast writes Blogger and YouTube officials: Please provide your opinion on the issue of Hyperlinking, criticism, Fair Use and IP Infringement.

By Christopher King

Bill Christy (stage name apparently) of the Bill Christy Project was caught calling me a nigger and a motherfucker. He and several other Internet trolls have had a virtual Field Day at two dedicated Topix posts to spew their vitriol as noted in these two posts, one and two. When he signed on to Topix he had several avatars that depicted him with B.B. King and as leader of Bill Christy Project. He even tried to FaceBook friend Trent Berry, a phenomenal guitarist and 18-year friend of mine from law school 1991. Trent reviewed the materials and immediately un-friended him.

He now has issued a Cease and Desist Request (see comments section herein) basically claiming that I cannot hyperlink to his own public domain website or even say the words "Bill Christy Project" in a YouTube video. I don't believe his claim has merit, but I will abide by whatever you say. I have withstood seven (7) challenges to the content of this blog in the past and I believe I am correct this time pursuant to OPG v. Diebold, 337 F.Supp.2d 1195 (2004) and its progeny:

At most, Plaintiffs' activity might have reduced Diebold's profits because it helped inform potential customers of problems with the machines. However, copyright law is not designed to prevent such an outcome. See, e.g., Acuff-Rose, 510 U.S. at 591-92, 114 S.Ct. 1164.

Rather, the goal of copyright law is to protect creative works in order to promote their creation.

Mr. Christy, I am in no ways infringing on that right. See also the comments section containing relevant notes from Chilling Effects website.

You also have likely misstated the facts to obtain a DMCA take down relative to "Try Gregory Floyd for Murder" as noted in my DMCA Counter-Affidavit that Scribd.com ignored and did not issue any substantive response to.

-Christopher King, J.D.

We use video podcasting at KingCast.net and Justiceforkids.net to protect the First Amendment and highlight corporate and police abuse, such as the Ohio Board of Grievances, American Tower Corporation, Jaffrey Police Department, and the NAACP have all told material lies or unlawfully withheld evidence

Full post as published by Chris King's 1st Amendment Page on December 03, 2009 (boomark / email).