We’ve settled the lawsuit: The parties have entered into a settlement agreement which has resolved all claims and controversies to their mutual satisfaction.
I’ve been somewhat remiss in posting updates, but I’ve had good excuses. Last week I was in Maui, speaking at the ACOG district conference. Then I took the red-eye to the West Coast to attend my son’s wedding, which was awesome. In the interim, there have been multiple articles about the lawsuit. Mass Lawyer’s Weekly […]
I’m pleased to report that the judge agreed with our arguments and those of the Electronic Frontier Foundation/Digital Media Law Project of Harvard Law School and denied Gina Crosley-Corcoran’s motion to dismiss my lawsuit. The case will be going forward in Massachusetts. EFF makes the valid point that even a two-week improper removal of lawful […]
Today we appeared in Federal Court in Boston, to hear oral argument on motions in my case against Gina Crosley-Corcoran. It was an amazing experience. For over two hours I listened to a series of excellent lawyers explain and argue the various aspects of the case. I was extremely pleased with my lawyers’ presentations and […]
For someone who is claiming that her case should be dismissed because of the hardship of litigating in Massachusetts, Gina is doing a lot of litigating in Massachusetts. She and her lawyer are blizzarding us with motions, even without first conferring with my lawyers, as the rules require. You may remember that in the last […]
The judge has granted us a hearing on the Motion to Dismiss for Lack of Jurisdiction and the substantive issue of the DMCA take-down notices! It’s due to take place in late June.
On Monday Techdirt published yet another piece on my lawsuit against Gina, MPAA Freaks Out: Insists That Having To Consider Fair Use Before Filing A DMCA Takedown Would Be Crazy: Is it really any surprise that the MPAA suddenly took notice of the case after the EFF filed an amicus brief? The MPAA had to […]
Techdirt’s article on my lawsuit mentions a key issue: …. [Gina's brief] then says that the move away from the second host, DaringHost, was because the site was getting too much traffic, and the owner of DaringHost, supplied a deposition stating that he had explained this to Tuteur. Gina seems to go to great lengths […]
Yesterday Gina’s lawyer filed a brief in response to my Memorandum to show cause. You can read the full brief below. In it Gina asserts that my original host, Bluehost, never took down my blog: Tuteur’s failure to allege that BlueHost took down her site is not inadvertent. As Tuteur is well aware, once she […]
Lawsuit update 4: the Electronic Frontier Foundation and the Harvard Law School Digital Media Project file to submit an amicus brief in support of my claim
In my last update, I reported: … [The judge] questioned whether I am entitled to sue Gina for DMCA abuse and tortious interference with Bluehost over one DMCA notice. It is unclear why the judge made no mention of the DMCA notices sent to my second host or the fact that Gina was soliciting others […]