So, SLAPP suits can be much more effective.īritish Columbia (where Mallory appears to live) recently got an anti-SLAPP law, which might also help protect Mallory, should Samantha Lotus actually get a lawyer to act. Truth is a defense, as is “fair comment.” But a defamation case is more burdensome on defendants in Canada than in the US. Still, I spoke with a Canadian copyright lawyer who said this likely would still pass the “fair dealing” standard in Canada, even though it’s somewhat weaker than the US’s fair use.ĭefamation law in Canada is also dumber than in the US (Canada explicitly rejected a US “actual malice” standard), but it’s not as bad as in the UK or Australia. Canada’s protections for speech are… not nearly as strong as the US’s are. Now, the one complicating factor is that it’s possible both Mallory and Samantha are in Canada (Mallory definitely is, and while Samantha took down her website Sunday evening, her YouTube also says her location is Canada). Mallory reported that Lotus found Mallory’s private Facebook account, as well as her private Instagram account, where she noted that they have some mutual friends. She also sent Mallory a more direct threat, though if it was legit, it would have come from a lawyer, not herself (same thing that happened with the Green Smoothie Girl.”įrom there, Samantha Lotus got super icky and stalkery. This is a blatant SLAPP threat to try to silence Mallory. That’s Samantha saying that she’s going to be “addressing MALLORY by my lawyers for her intellectual property infringements and defamation.” Now, I’ve gone through the whole damn thread and there’s nothing that comes even remotely close to a copyright violation or defamation. What does turn this into a Techdirt story is this: None of the stuff above would turn this into a Techdirt story. And, apparently, Samantha Lotus was none too pleased about it. Still, the thread went viral, and then the media picked up on it as well. Anyway, it’s a pretty long and somewhat damning thread, with a bunch of screenshots and a few short videos, all with lots and lots of commentary, critique, and criticism.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |