October 11th, 2007

More on Dozier v. Public Citizen, and Potential Legal Malpractice

In my Friday round-up I briefly wrote about the lame attempt of the Dozier law firm to claim copyright infringement if any part of their cease and desist letter was published. Public Citizen had published the letter on behalf of the recipient, as fair use, and challenged Dozier to sue them. I followed up with a fuller post on Tuesday (Don’t Post This Letter On The Internet!). While not what I usually write about, the sheer audacity of it caught my interest.

As a result of Dozier’s claim of a copyright infringement for publishing any part of their cease and desist letters, The Streisand Effect seems to be taking hold, and others are now writing on the issue. Additional links follow, of which the first, by leading copyright attorney William Patry, is particularly enlightening on how he thinks Dozier misused the copyright claim in their letter:

But rather than let the issue fade away, as I think would have been wise, Dozier has now published more on the subject at their own website here, as well as by making nasty remarks in the comments section here. Those comments first acknowledged that they had no U.S. authority for their position and then sought to change the subject by saying a personal injury attorney should keep his nose out of this. Blaming the messenger, while a fairly old and traditional tactic for distraction, obviously ignores the issue.

The publication of the new letter by Dozier will, of course, lead to yet more discussion not only of the issue, but of their client DirectBuy and the original allegations that the company was a scam. It was those allegations Dozier had apparently been trying to squash. Here is the first I have seen in response to that new letter, though I suspect other responses may follow:

I can only think of two reasons for Dozier to publish such a letter on their site: The first is sheer folly, since it draws yet more attention to the charges against the company they wish to defend.

The second is more troublesome. Is Dozier simply trying to create more controversy, and thus more links to their website and hopefully more business? That will surely be one result of publishing a letter to Public Citizen on their website instead of reaching out to them privately. But this would also raise very troubling issues regarding attorney ethics and legal malpractice since this is seems to me clearly detrimental to their client. I prefer the first explanation — that it is sheer folly and not an ethical breach — though a savvy Internet based business must surely anticipate the repercussions to their client of additional commentary on the subject.

In either case, I think a legal malpractice claim could theoretically be made against Dozier for taking a bad situation and making it worse, in the event DirectBuy is harmed by their counsel’s conduct. But only time will tell on that.

Links to this post:

2007 dozier internet law google rankings – week 7
dozier continues to throw cash at spam advertising — doorway pages, theory pants, and the rest — in order to prevent googlers from finding out information about the company. still, the fact that some of the spam pages are very,

posted by [email protected] (Dan tdaxp) @ November 28, 2007 12:00 PM

2007 dozier internet law google rankings – week 6
2007 dozier internet law google rankings – week 6. its hard to find much good to say about dozier internet law. no, seriously. my blog dedicated to the company’s cases, dozier internet lawsuits, is stalled because i can only find one

posted by [email protected] (Dan tdaxp) @ November 21, 2007 12:33 PM

More unethical behavior from Dozier Internet Law
Sadly my attention has been drawn away from the Dozier Internet Law vs The Free World battle online, and as a result seeing my Google ranking drop a bit over the last 5 weeks (weeks 1, 2, 3, 4, 5) for related queries I decided I needed

posted by Brendan @ November 21, 2007 1:35 AM

2007 dozier internet law google rankings – week 5
this week’s poll, like most bcs weekly polls this year, is anything but stable. five pages dropped out of the top 15, including 3 of the top 15, and including — #2 ranked cybertriallawyer.com. while dozier’s main page is still #1,

posted by [email protected] (Dan tdaxp) @ November 14, 2007 10:54 AM

2007 dozier internet law google rankings – week 4
this week’s poll is a tale of stability. of the top 10 entry, only two are not holds. the biggest gainer is plagiarism today, which is apparently enjoying the popularity of a mention on writing thoughts. “pt” jumps 7 points to #6,

posted by [email protected] (Dan tdaxp) @ November 07, 2007 7:53 AM

2007 dozier internet law google rankings – week 3
this weeks poll includes the story of an upset worthy of boston college. after seeing their findlaw entry fall a point and a press release fall out of the top 25 midweek, dozier rallied to maintain the status quo by beginning of morning

posted by [email protected] (Dan tdaxp) @ October 31, 2007 4:21 PM

dozier: the cybertrolllawyer firm
a magyar “internetjogászokról” szoktam rendszeresen szépeket irogatni ide, de közel sem magyar sajátosságról van szó. külföldön is megjelentek már egy ideje az internetspecialisták, akiknek sokszor lövésük sincs az egészről.

posted by Caracalla @ October 19, 2007 3:02 PM

practical blawgosphere: the dozier demand scam
while this has floated around blawgs as the joke of the week, i wanted to make sure that my amigos in the practical blawgosphere were alerted to the dozier demand scam, as noted by my good buddies, the turk at new york personal injury

posted by SHG @ October 14, 2007 4:45 AM

Dozier Internet Law: Running an extortion racket?
When thinking about the ongoing dispute over the unprofessional actions of Dozier Internet Law… I think back to an old Monty Python episode and the the army protection racket sketch: Dino: Oh see my brother’s clumsy colonel,

posted by Brendan @ October 13, 2007 1:49 AM

law firm web sites, links and legal malpractice
we read a blog blurb from eric turkowitz at his new york personal injury blog which caught our eye and interest. he discusses a unique warning letter by the dozier internet law firm, and the potential legal malpractice consequences.

posted by Andrew Lavoott Bluestone @ October 12, 2007 8:14 AM

nastygram: don’t you dare post this nastygram on the web
ted has briefly mentioned (oct. 8) the recent doings of an outfit called dozier internet law, whose cease and desist letter to a consumer-complaint site not only demanded that the site take down certain statements about dozier’s client,

posted by @ October 12, 2007 1:06 AM

dozier reponds
our post about dozier internet law’s cease-and-desist letter to a consumer-review site, which threatened a copyright infringement claim if the letter were posted on the internet, generated a lot of commentary on this blog and around the

posted by Greg Beck @ October 11, 2007 6:19 PM

lawfare and public participation (does dozier know better? should it?)
posted by dan tdaxp. i am confused. what happened at first at least made sense. three blogs (i-blog, i-ratings, i-scams) criticize directbuy. directbuy hires a lawyer, dozier internet law. a lawyer sends a threatening letter (excerpts,

posted by @ October 11, 2007 12:52 PM

lawfare and public participation (does dozier know better? should it?)
posted by dan tdaxp. i am confused. what happened at first at least made sense. three blogs (i-blog, i-ratings, i-scams) criticize directbuy. directbuy hires a lawyer, dozier internet law. a lawyer sends a threatening letter (excerpts,
posted by @ October 11, 2007 12:52 PM

 

October 10th, 2007

A Personal Injury Law Rorschach Test: Bonaduce v. "Fairplay"

How many lawsuits to you see where the entire incident is captured on film, in front of a studio audience? Former child star Danny Bonaduce has been sued by former Survivor contestant Jon “Johnny Fairplay” Dalton after he was dumped over the shoulder onto his face at an awards show.

The altercation happened last week at the FOX Reality Really Channel awards, which I oddly seem to have missed.

So, is it Dalton’s fault for initially jumping on Bonaduce?

Or Bonaduce’s fault for dumping Dalton over his shoulder?

Or is this a classic case of trying to apportion fault among both participants, and if so, what percent fault for each?

The clip you see here is less than a minute. You decide.

(Eric Turkewitz is a personal injury attorney in New York)

Links to this post:

all’s fairplay in love and reality tv
dustin recently showed you the clip of danny bonaduce laying some broken-face on reality star leech johnny fairplay. following up on that story, fairplay (real name – jon dalton) has decided to sue bonaduce, along with the fox reality
posted by Seth @ October 15, 2007 8:55 AM

 

October 9th, 2007

Don’t Post This Letter On The Internet!

Public Citizen wants to be sued. Really. They asked for it.

Some lawyer at an outfit calling itself Dozier Internet Law sent a cease and desist letter on behalf of one of its clients, along with this threat:

Please be aware that this letter is copyrighted by our law firm, and you are not authorized to republish this in any matter. Use of this letter in a posting, in full or in part, will subject you to further legal causes of action.

Right. So Public Citizen, after publishing the entire letter on its website, tossed down the gauntlet on behalf of their client with this repsonse:

By this letter, we are inviting you to test the validity of your theory that the writer of a cease and desist letter can avoid public scrutiny by threatening to file a copyright law suit if his letter is disclosed publicly on the internet.

The writer of the original letter, Donald Morris, seems to have clearly done his client a grave disservice with this stupidity. (I mentioned this the other day in my personal injury law round-up, but thought this chuckleheaded conduct needed its own post.) Perhaps his threats have succeeded before, but the result is that the letter, and the claims against his client, are now being re-broadcast across the internet.

And what was the dispute about? Seems his client is a company called DirectBuy, and it has been the subject of negative reviews from contributors to a couple websites. Whether the claims are true or not I have no way of knowing, but now there are certainly more people discussing whether their client, DirectBuy, is a a scam or a rip-off and wondering if they should stay away from them.

Public Citizen, by the way, isn’t the only one who wants to be sued. The full text of the letter can be found at tdaxp.com, and I hate Linux published this Don’t Forget To Sue Me Too demand:

Well hot damn… I think I just violated their copyright as well… and of course for such threats to be meaningful… they have to be willing to make good on them.

With that said… I hereby demand that you Mr. Morris immediately file a copyright infringement suit against Mr. Leonard in this matter and name me as a co-defendant for my blatant disregard for your copyrights in my reproduction of parts of your letter that is marked as “for negotiation and settlement purposes only,” not to mention hosting a full copy of it here, as well as all other persons and groups who reproduced, hosted, discussed, read or thought about any part of this letter.

This blog post puts you on notice that should you refuse to comply with our demands by October 15, 2007, I will have no choice but to recommend that the blogosphere pursue all legal causes of action, including the further reproductions of your letter, to protect its interests and that of all free people in this country who may wish to express an opinion you or your client may not agree with.

Considering that Dozier Internet Law brags that they are “The Lawyers for Internet Business,” they sure did a great job of tripping over their own feet.

And then there is this boast from their site:

John Dozier was interviewed for the news report below in Silicon Valley in August, 2007 and Youtube recognized it with a “most linked to” honor

OK, so now they have another link. Though it might not be what they wanted. And I suspect they’ll get a few more.

[Addendum: More on Dozier v. Public Citizen, and Potential Legal Malpractice]
——————————————————————————-
(Eric Turkewitz is a personal injury attorney in New York)

Links to this post:

infomercialscams.com owner harrased by an attorney from the dozier
here’s an example of a company and law firm of trying to suppress free speech by using outlandish claims and a variety of threats. if you live in direct buy’s market, you’ve seen their infomercials on your local television station.

posted by amexsux @ January 07, 2008 2:31 PM

2007 dozier internet law google rankings – week 7
dozier continues to throw cash at spam advertising — doorway pages, theory pants, and the rest — in order to prevent googlers from finding out information about the company. still, the fact that some of the spam pages are very,

posted by [email protected] (Dan tdaxp) @ November 28, 2007 12:00 PM

“scofflaw bloggers:” the dozier taxonomy of wicked netizens
dozier internet law is a “cyber law firm”that specializes in litigation related to the internet. for background, see the cuppy’s coffee and directbuy case studies. however, as “cyber lawyers” the guys at dozier clearly pay a lot of

posted by [email protected] (Dan tdaxp) @ October 23, 2007 11:20 PM

Dozier Internet Law: Toothless Cowards?
It’s now been nearly 2 weeks since I demanded that Dozier Internet Law file suit against me for my alleged copyright infringement in republishing part of the full text of their C&D letter directed to Infomercial Scams.

posted by Brendan @ October 21, 2007 3:29 PM

dozier: the cybertrolllawyer firm
a magyar “internetjogászokról” szoktam rendszeresen szépeket irogatni ide, de közel sem magyar sajátosságról van szó. külföldön is megjelentek már egy ideje az internetspecialisták, akiknek sokszor lövésük sincs az egészről.

posted by Caracalla @ October 19, 2007 3:02 PM

dozier internet law: a vector for viruses?
dozier internet law (a firm that engages in strategic lawsuits against public participation — see case studies on cuppy’s coffee, directbuy, and inventor-link) is attempting to prevent users from examining code that dozier executes on

posted by [email protected] (Dan tdaxp) @ October 19, 2007 8:05 AM

how not to write a cease-and-desist letter: comparing the dozier
do you want to have your reputation ruined, pay a million dollar fine, and in general tick everyone off? if so, dozier internet law is the law firm for you! but if the thought of being in the presence of “super lawyer” john “bull”

posted by [email protected] (Dan tdaxp) @ October 16, 2007 8:26 AM

beyond the gates of bizarro land
if you had any doubt about the good sense of dozier internet law, read this comment. here’s the first paragraph: first, you seem to think that us law will govern this copyright matter. it likely will not.

posted by [email protected] (Dan tdaxp) @ October 15, 2007 3:50 PM

the daily memo – 10/15/07
“does the supreme court still matter?” (time). my, justice scalia, what a large gavel you have! (supreme dicta). a texas personal injury lawyer has started running tv adds questioning the credentials of a competitor pu lawyer. (law.com)

posted by Seth @ October 15, 2007 2:40 PM

blawg review #130
northern hemisphere edition of blawg review #130 welcome to blawg review #130 — the northern hemisphere edition! this is part 2 of a globe-trotting edition of blawg review, the weekly review of legal blogging hosted each week by a

posted by Diane Levin @ October 15, 2007 12:01 AM

practical blawgosphere: the dozier demand scam
while this has floated around blawgs as the joke of the week, i wanted to make sure that my amigos in the practical blawgosphere were alerted to the dozier demand scam, as noted by my good buddies, the turk at new york personal injury

posted by SHG @ October 14, 2007 4:45 AM

Dozier Internet Law: Running an extortion racket?
When thinking about the ongoing dispute over the unprofessional actions of Dozier Internet Law… I think back to an old Monty Python episode and the the army protection racket sketch: Dino: Oh see my brother’s clumsy colonel,

posted by Brendan @ October 13, 2007 1:49 AM

ars doziera
ars technica, a popular website on the technical arts that includes breaking news, user forums, and other features, prominently features the dozier internet law / directbuy scandal by comparing it to another bizarre lawsuit.

posted by [email protected] (Dan tdaxp) @ October 12, 2007 10:55 AM

nastygram: don’t you dare post this nastygram on the web
ted has briefly mentioned (oct. 8) the recent doings of an outfit called dozier internet law, whose cease and desist letter to a consumer-complaint site not only demanded that the site take down certain statements about dozier’s client,

posted by @ October 12, 2007 1:06 AM

free speech and copyright
free speech and copyright issues: could copyright laws and/or conventions be considered a type of protection of free speech, or a method ensuring the protection of free speech? the thought occurs to me after reading many commentaries on

posted by @ October 11, 2007 3:18 PM

more blog reactions to the directbuy / dozier internet law scandal
aside from my initial post, the blog reactions to directbuy and dozier internet law i have posted have all been before public citizen and slashdot got into the debate. (for the background of the story, check out my preliminary case

posted by [email protected] (Dan tdaxp) @ October 11, 2007 12:54 PM

lawfare and public participation (does dozier know better? should it?)
posted by dan tdaxp. i am confused. what happened at first at least made sense. three blogs (i-blog, i-ratings, i-scams) criticize directbuy. directbuy hires a lawyer, dozier internet law. a lawyer sends a threatening letter (excerpts,

posted by @ October 11, 2007 12:52 PM

lawfare and public participation (does dozier know better? should it?)
posted by dan tdaxp. i am confused. what happened at first at least made sense. three blogs (i-blog, i-ratings, i-scams) criticize directbuy. directbuy hires a lawyer, dozier internet law. a lawyer sends a threatening letter (excerpts,

posted by @ October 11, 2007 12:52 PM

how not to handle negative feedback: a preliminary case study of
this is a developing news story. facts are subject to change without notice ! ! dozier internet law, “cyber trail lawyers,” is a law firm founded by john w. dozier, jr. in virginia. they were prominently featured in an excellent article

posted by [email protected] (Dan tdaxp) @ October 11, 2007 10:05 AM

directbuy spam: the good, the bad, the strange, and the ugly
earlier today i described a typical directbuy spam website. further investigation that spam is playing a larger role in the propagation of directbuy in the wake up dozier internet law’s incompetent bullying on their behalf than i

posted by [email protected] (Dan tdaxp) @ October 10, 2007 7:13 PM

Copyright, or Copysquash like a bug
The World Wide Web has surely opened up access to otherwise difficult-to-access texts and has necessitated a rethinking of copyright law (Copyleft seems an interesting alternative because it’s at the same time the complete opposite of

posted by PrimroseRoad @ October 10, 2007 2:09 PM

what is dozier internet law’s donald e. morris’s motive?
i am not a lawyer. but i am interested in law, and two posts at new york personal injury attorney deserve mention. both relate to dozier internet law, the lawyers for directbuy that sent a copyrighted cease-and-desist letter to a blog

posted by [email protected] (Dan tdaxp) @ October 10, 2007 7:29 AM

what the mainstream media was already saying about directbuy
directbuy, before sicking the hounds (and copyrighted c&d’s) via dozier internet law, was a company that received mixed reviews from the blogosphere. even more interesting, though, is the negative reviews direct buy has earned from the

posted by [email protected] (Dan tdaxp) @ October 09, 2007 1:25 PM

copyrighted cease and desist letters
has anyone heard of copyrighted cease and desist letters before dozier internet law slapp’d infomercial scams with one (and public citizen stood up for speech)? the only google result for “copyrighted cease and desist” comes from legal
posted by [email protected] (Dan tdaxp) @ October 09, 2007 12:42 PM

 

October 8th, 2007

New York City’s New Bike Lanes

New York is building new bike lanes, but not the usual kind. And that is why it is of interest to personal injury attorneys, since those in the field are accustomed to looking at an accident, and asking why something wasn’t safer.

The video at this link runs for only two minutes, and shows the recent change to Ninth Avenue in Manhattan, and the new separation between drivers and bikers, with a lane of parked cars between the two. It shows something every city should be doing to enhance safety (among other benefits).

It should be notable when things change for the better. New York’s Mayor Mike Bloomberg apparently “gets it.” The bike lane is currently only seven blocks long, but the Department of Transportation is calling it the street of the future.

Between 1996 and 2003 there were 225 fatalities and 3,500 injuries to bikers.

It’s easy to complain when things go wrong from a safety standpoint. In fact, that is much of what attorneys do. And applauding when things are done right often falls by the wayside. Well, I see something being done right, and New York deserves the acclaim.

Addendum: Now that I figured out how to add the video clip, here it is: