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Mass Copyright Infringement Lawsuit Defense
By Elliot Zimmerman on Sunday, January 06, 2013 - 06:47 AM

Are you a potential defendant in a mass copyright infringement action?

Record and film companies continue the practice of filing mass copyright infringement lawsuits lumping thousands of defendants together, namimg each defendant "John Doe" or "Jane Doe" or "Does 1-2500." Courts issue subpoenas to these defendants' cable or internet provider to give up their identity. In turn, the cable or other internet provider sends each potentital defendant a letter stating that their IP address has been identified in the downloading of a controlled work (film or mp3) threatening to reveal their identity unless the potential defendant files a motion to quash in the issuing court.

Often, the download contains pornographic material, and the potential defendant would be embarrased if his or her identity is revealed.

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Myths About Collages
By Elliot Zimmerman on Sunday, June 10, 2012 - 10:32 AM
Emerging Legal Issues
Collage is considered fair use, and therefore not subject to copyright law. The doctrine of fair use protects educational and scholarly purposes such as news reporting, literary criticism, and libraries. Artistic uses are not explicitly protected by fair use, and commercial uses are explicitly not protected.

My collage can freely use copyrighted material, as long as I use no more than 5% / 10% / a small amount of the original work. The doctrine of "de minimis" theoretically protects minimal copying, but it's vague and difficult to pin down.

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I Will Always Love You Whitney...
By Elliot Zimmerman on Friday, March 02, 2012 - 06:58 AM
I Will Always Love You by Whitney Houston on Grooveshark

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Farewell Etta James
By Elliot Zimmerman on Friday, January 20, 2012 - 12:24 PM
At Last [Single Version] by Etta James on Grooveshark

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Clients In The News :: Luther Campbell for Miami Mayor 2011
By Elliot Zimmerman on Monday, January 17, 2011 - 12:29 PM
NBC Miami reports that our client Luther Campbell (2 Live Crew) may run for Mayor of Miami. See the article here.

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Cloud Law
By Elliot Zimmerman on Friday, January 14, 2011 - 11:08 AM
Computer Programs and Scripts

Cloud Law Systems :: Cloud Law Office Practice Management and Billing Software

CLOUD LAW is downloadable software, available at, you install on your own web server that provides web based law practice management applications and services designed specifically for lawyers by lawyers. With CLOUD LAW, your paperless virtual law office is conveniently centrally located at your web site and comes right out of the box with all the features you need for 5 attorneys to have 24/7 access. With internet access, law firms can do anything anywhere at anytime from one secure location.

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Principal May Be Sued Individually for Chilling Student's 1st Amendment Rights
By Elliot Zimmerman on Wednesday, February 17, 2010 - 12:00 AM
Pembroke Pines, FL. In Katherine Evans v. Peter Bayer, US District Court for the Southern District of FL (2008), Magistrate Judge Barry Garber ruled against Peter Bayer's, Principal of Pembroke Pines Charter High School, motion to dismiss the case against him individually for suspending Katherine Evans, a senior, who set up a Facebook page to complain about her teacher. Magistrate Garber agreed that Evans' First Amendment rights were chilled and Bayer had personal exposure to suit. Read the complaint here.

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Toronto Radio Podcast on Cyberbullying
By Elliot Zimmerman on Wednesday, December 16, 2009 - 12:00 AM
Toronto Radio NewsTalk 1010 host Jamie Hofing interviewed Elliot Zimmerman on Dec. 16, 2009 regarding whether students have a right to be mean online. A recent LA Times article reported that a Beverly Hills school suspended an 8th grade student who posted a video on YouTube with several other students calling yet another student "spoiled," a "brat," and a "slut." Read the article here.

The suspended student took the case to federal court, saying her free speech rights had been violated. See J.C. v. Beverly Hills Unified School District, Case No. 08-cv-03824, California, U.S. District Court (2009). Last month, U.S. District Court Judge Stephen V. Wilson sided with her. "To allow the school to cast this wide a net and suspend a student simply because another student takes offense to their speech, without any evidence that such speech caused a substantial disruption of the school's activities, runs afoul of the law," wrote Judge Wilson in a 60 page opinion.

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Embedded Metadata Subject to Discovery
By Elliot Zimmerman on Friday, October 30, 2009 - 09:40 AM
The Arizona Supreme Court ruled on Thursday, October 29, 2009, in Lake vs. City of Phoenix, CV-09-0036-PR that:

Arizona law provides that “[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.” Ariz. Rev. Stat. (“A.R.S.”) § 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record. We today hold that if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws.

Click here to read the full opinion.

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Kaleidescape Ruling Overturned
By Elliot Zimmerman on Thursday, August 13, 2009 - 09:37 AM
On August 12, 2009, just one day after Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software [RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008)], the California Court of Appeals for the Sixth Appellate District (Santa Clara) overturned a trial court's finding that Kaleidescape, Inc.'s DVD copy product did not violate its DVD CCA contract. Click here to see the Order in DVD CCA v. Kaleidescape, Inc., Case No. H031631 (Santa Clara County Super. Ct. No. CV031829). The appellate court remanded the case for trial.

See related article at www.CyberLaw.Info:Judge Patel Gets Real

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CyberLaw Offices

Elliot Zimmerman, P.A.

Attorney At Law
Board Certified Intellectual Property Lawyer

Board Certified Intellectual Property Lawyer

1776 N. Pine Island Road, Suite 224
Plantation, Florida 33322

(954) 565-6996

CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.

cyberlaw, intellectual property law, entertainment law, lawyer, attorney

Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. You may view Mr. Zimmerman's qualifications and experience here.

Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the results are provided.

Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough. By using this web site you agree to abide by our Terms of Use and Privacy Policy. Advertisement.

Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 1776 N. Pine Island Rd., Ste. 224, Plantation, Broward County, FL 33322, Phone: 954.565.6996, Email:

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