Browsing by Author "Sherwin, Robert T."

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Clones, Thugs, ‘N (Eventual?) Harmony: Using the Federal Rules of Civil Procedure to Simulate a Statutory Defamation Defense and Make the World Safe from Copyright Bullies
(2015) Sherwin, Robert T.
This article explores the concept of “copyright thugs,” large and wealthy copyright holders who threaten or actually initiate litigation against anyone making use of their work, regardless of the reason or likelihood of actual copyright infringement. By threatening costly litigation against those who use and transform copyrighted material, these copyright holders effectively prohibit any use of their material at all. This article discusses the doctrine of fair use and urges the federal courts to simulate the effect of “anti-SLAPP” statutes by utilizing the Federal Rules of Civil Procedure. Anti-SLAPP statutes, which have been adopted by many state legislatures, are aimed at preventing litigation intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.