Update: Michael Crook Responds to EFF
By Jonathan Bailey • Dec 4th, 2006 • Category: Articles, DMCA, Legal Issues, NewsMichael Crook, the recipient of an EFF lawsuit for filing false DMCA notices, has added some details regarding his answer and counterclaim.
Though the claims have not been filed, he has confirmed the following items:
- He is requesting a jury trial
- He denies all wrongdoing and is seeking dismissal of the claims against him
- He denies violating the DMCA
- He is also filing a counterclaim that will seek “at least $4,150.00 in actual damages, and $19 million in punitive damages for intentional infliction of emotional distress, harassment, intimidation and other losses.”
He also states that he will be seeking “sanctions based on Diehl’s malicious conduct after the lawsuit was filed,” though he does not say in this update what conduct he is referring to or what those sanctions are outside of demanding for a public apology.
As I stated before, I feel that Crook is grossly misreading copyright law and abusing the DMCA to silence those critical of him. Though I will have to see the actual document to see what his arguments are, these updates seem to continue the same flawed logic.
I will write more on this once the counterclaim has been posted. At that time, we should have a better idea of what is going on.
Tags: Copyright, Copyright Infringement, Copyright Law, DMCA, Fair Use, Plagiarism, Michael Crook, EFF, Diehl
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Jonathan Bailey is The Webmaster and author of Plagiarism Today, which he founded in 2005 as a way to help Webmasters going through content theft problems get accurate information and stay up to date on the rapidly-changing field. He is also a consultant to Webmasters and companies to help them devise practical content protection strategies and develop good copyright policies.
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[...] Earlier this week, Michael Crook posted his Answer and Counterclaim to the EFF lawsuit. To those who read my previous update, there are no real surprises here. Everything is pretty much as Crook said it was. [...]