Distress Caused by Copying MySpace Article
Every once in a while a Warrior posts a question about copying articles, and whether it matters if full attribution to the author is given. Here is an interesting twist from California - not involving copyright - where the copying and giving attribution generated a lawsuit.
The opinion is here: http://lawzilla.com/blog/
In short, a college student posted an article on her MySpace page about how much she hated her small hometown. A few days later she took it down.
However, the local high school principal copied the article and had it published in the local paper - with the name of the girl who wrote it.
Due to the publicity the girl's family received death threats and they lost their family business. They then sued.
The California Court of Appeals ruled there was no invasion of privacy as the article was originally publicly posted on MySpace.
But, the court ruled the case could proceed on an intentional infliction of emotional distress claim because a jury might rule that the principal's actions were extreme and outrageous.
Even if the principal wins at trial, he loses, because if a claim is allowed to go to a jury that means tens of thousands of dollars in legal expenses.
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In other words, when you copy an article you think is interesting, there can be all sorts of unexpected results, and liability you never expected outside of copyright law.
The opinion is here: http://lawzilla.com/blog/
In short, a college student posted an article on her MySpace page about how much she hated her small hometown. A few days later she took it down.
However, the local high school principal copied the article and had it published in the local paper - with the name of the girl who wrote it.
Due to the publicity the girl's family received death threats and they lost their family business. They then sued.
The California Court of Appeals ruled there was no invasion of privacy as the article was originally publicly posted on MySpace.
But, the court ruled the case could proceed on an intentional infliction of emotional distress claim because a jury might rule that the principal's actions were extreme and outrageous.
Even if the principal wins at trial, he loses, because if a claim is allowed to go to a jury that means tens of thousands of dollars in legal expenses.
---
In other words, when you copy an article you think is interesting, there can be all sorts of unexpected results, and liability you never expected outside of copyright law.
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