Jordan Golson from Cheese and Crackers has apparently threatened legal action against 13 year old blogger Austin from Austin’s Blog:
HundredPercenter story: (a must read)
Austin’s Mom:
Our server contacted me that Jordan Golson was representing Matt Margolis(Blogs for Bush) for copyright infringement.
Nathan J. Novak (who will now be representing me) has the preliminary legal analysis:
In the hypothetical case of Golson ex rel Blogs for Bush v. “Little Bastard” d/b/a Austin’s Blog, an action for financial damages stemming from the alleged misappropriation of a morph photo file that led to an “Instalanche”, the court will have a chance to set, once and for all, the value of the coveted link from Instapundit.com. To state a claim against Austin’s Blog, Golson/Blogs For Bush would have to prove the value of that intangible asset. While a jury would have first shot at the case, the issue would likely be litigated through the appellate system. An issue of such importance will have to be decided by an appellate court of considerable stature, at minimum a United States Court of Appeals (if the case is filed in federal court under diversity jurisdiction) or a state Supreme Court. The United States Supreme Court could easily take certiorari on the case to decide an issue of such importance. A state court disposition would make this a bit less likely, but the Due Process Clause of the Constitution generally gives the Supreme Court the right to make determinations on what it believes to be “punitive” damages. An excessive reward would likely pique the curiosity of the requisite four justices needed to procure such a writ.
The hot button topic may prove to be an important one when it comes time for President Bush to nominate new justices to the Supreme Court. One pundit believes that the Senate will react with disdain to any appointee who “does not recognize the value of the ‘Lanche.”
Eric Anderson at 12:14 am
I sincerely apologize for the “bastard” comment. It was out of line and unnecessary. I was hot under the collar and I should have waited until I had calmed down to post on the topic.
Matt and B4B should not be dragged through the muck for that comment, that was my comment, not his.
Really, the entire issue was my doing. Matt mentioned to me that his image got instalanched at another site. I had been in contact with Austin before over other things including the Tsunami videos. I overreacted. Again, I apologize.
-jg
Comment by Jordan Golson — February 3, 2005 @ 1:18 pm