DOCSLIB.ORG

Mitchell Silberberg & Knupp Llp Marc E

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Mitchell Silberberg & Knupp Llp Marc E MITCHELL SILBERBERG & KNUPP LLP MARC E. MAYER (SEN 190969) 2 JILL P. RUBIN (SBN 240019) 11377 West Olympic Boulevard 3 Los Angeles, California 90064-1683 • Telephone: (310) 312·2000 4 . Facsunile: (310) 312·3100 5 Attorneys for Defendant Happy Mutants LLC 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MARIN 10 II MAGICJACK, LP, CASE NO. CIV 091108 12 Plaintiff, NOTICE OF MOTION AND SPECIAL MOTION OF DEFENDANT HAPPY 13 v. MrnTANTSLLCTOS~KE COMPLAINT OF PLAINTIFF 14 HAPPY MUTANTS LLC, MAGICJACK, LP PURSUANT TO CALIFORNIA'S ANTI-SLAPP STATUTE, 15 Defendant CAL. CODE CIV. P. § 425.16; 1---------------' MEMORANDUM OF POINTS AND 16 AUTHORITIES . 17 DECLARATIONS OF CORY DOCTOROW, MARC E. MA YER, AND JILL P. RUBIN 18 FILED CONCURRENTLY HEREWITH' 19 Date: May 27, 2009 Time: . 9:00 a.m. 20 Location: Dept J Judge: Honorable Vema Adams 21 22 File Date: March 11, 2009 23 Trial Date; 'IBD 24 25 26 27 Mi\I:hcll 28 Sill><d>org & KnuppLLP 2166413.9 Special Motion to Strike 1 TABLE OF CONTENTS 2 Page(s) 3 INTRODUCTION .......................................................................................................................... 1 4 I. STATEMENT OF FACTS ................................................................................................. 3 5 II. THE LEGAL STANDARD ................................................................................................ 8 6 III. MAGICJACK'S CLAIMS ARISE FROM PROTEClED ACTIVITY, NAMELY SPEECH AND COMMENT ON AN IMPORTANT PUBLIC 7 ISSUE ............................................................................................................................... 10 8 IV. MAGICJACK CANNOT ESTABLISH A PROBABILITY THAT IT WILL PREVAIL ON THE MERITS .......................................................................................... 12 9 A. MagicJack's Defamation Claim Is Meritless ........................................................ 12 10 B. MagicJack's Unfair Competition Claim Also Fails.............................................. 15 11 V. BOING BOING IS ENTITLED TO RECOVER ITS ATTORNEYS' FEES .................. 15 12 CONCLUSION ............................................................................................................................. 15 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Mitchell 28 Silberberg & KnuppLLf> 2166413.9 Special Motion to Strike TABLE OF AUTHORITIES 2 Page(s) 3 CASES 4 Annette F. v. Sharon S., 119 Cal. App. 4th 1146 (2004) ......................................................................................... 10 5 Barrett v. Rosenthal. 6 40 Cal. 4th 33 (2006) ........................................................................................................ 10 7 Beilenson v. Superior Court, 8 44 Cal. App. 4th 944 (1996) ............................................................................................. 14 9 Blatty v. New York Times Co., 42 Cal. 3d 1033 (1986) ..................................................................................................... 15 10 Bragg v. Linden Research. Inc., II 487 F.Supp. 2d 593 (E.D. Pa. 2007) ................................................................................. II 12 Carpenter v. Jack In The Box Corp., 13 151 Cal. App. 4th 454 (2007) ........................................................................................... 15 14 Carry. Warden, 159 Cal. App. 3d 1166 (1984) ........................................................................................... 14 15 Carver v. Bonds. 16 135 CaL App. 4th 328 (2005) ........................................................................................... 11 17 Chavez v. Mendoza, 18 94 Cal. App. 4th 1083 (2001) ............................................................................................. 9 19 Church of Scientology v. Wollersheim, 42 Cal. App. 4th 628 (1996) ............................................................................................... 9 20 Comb v. PayPal, Inc., 21 218 F .Supp. 2d 1165 (N.D.Cal. 2002) .............................................................................. 11 22 ComputerXpress, Inc. v. Jackson, 23 93 Cal. App. 4th 993 (2001) ............................................................................................. 10 24 Damon v. Ocean Hills Journalism Club, 85 CaL App. 4th 468 (2000) ............................................................................................. 10 25 Dowling v. Zi!)1meflllan, 26 85 Cal. App. 4th 1400 (2001) ............................................................................................. 9 27 DuPont Merck Pharm. Co. v. Superior Court Mitchell 28 78 Cal. App. 4th 562 (2000) ............................................................................................. 11 Silberberg & KnuppllP 2166413.9 ii Special Motion to Strike TABLE OF AUTHORITIES (continued) 2 Pagers) 3 Eguilon Enter. v. Consumer Cause, Inc., 4 29 Cal. 4th 53 (2002) ......................................................... _................................................ 9 5 Fellows v. National Enquirer, Inc., 42 Cal. 3d 234 (1986) ........................................................ _....... _...................................... 15 6 7 F erlauto v. Hamsher, 74 Cal. App. 4th 1394 (1999) ............................................ _.............................................. 13 8 Finke v. Walt Disney Co., 9 2 Cal. Rptr. 3d 436 (2003) ................................................................................................ II 10 Fox Searchlight Pictures, Inc. v. Paladino, 89 Cal. App. 4th 294 (2001) .............................................. _................................................ 9 II Gallimmore v. State Farm Fire & Casualty Ins. Co., 12 102 Cal. App. 4th 1388 (2002) ........................................................................................... 9 13 Gilbert v. Sykes, 14 147 Cal. App. 4th 13 (2007) ............................................................................. 3, 10, 13, 15 15 James v. San Jose Mercury News, Inc., 17 Cal. App. 4th I (1993) ................................................................................................. 13 16 Krinsky v. Doe 6, 17 159 Cal. App. 4th 1154 (2008) ......................................................................................... 13 18 Macias v. Hartwell, 19 55 Cal. App. 4th 669 (1997) ............................................................................................. II 20 McGarry v. Univ. of San Diego, 154 Cal. App. 4th 97,112 (2007) ...................................................................................... 14 21 Morningstar, Inc. v. Superior Court, 22 23 Cal. App. 4th 676 (1994) ....................................................................................... 14, 15 23 Navellier v. Sletten, 24 29 Cal. 4th 82 (2002) .......................................................................................................... 9 25 Nygard, Inc. v. Uusi-Kerttula, 159 Cal. App. 4th 1027 (2008) ............................................................................. II, 13, 14 26 Old Dominion Branch No. 496, Nat'! Assoc. of Letter Carriers, AFL-CIO v. 27 Austin, 418 U.S. 264 (1974) ............................................................................................ 12 Mitchell 28 Silberberg & Knupp LLP 2166413.9 111 Special Motion to Strike TABLE OF AUTHORITIES (continued) 2 Pagels) 3 Ringler Assoc. Inc. v. Maryland CaB. Co., 4 80 Cal. App. 4th 1165 (1990) ...................................................................................... 12-13 5 Seelig v. Infinity Broad. Corp., 97 Cal. App. 4th 798 (2002) ....................................................................................... 10, 12 6 7 Tuchscher Dev. Enter.. Inc. v. San Diego Unified Port Dist .. \06 Cal. App. 4th 1219 (2003) ................................................................................ 9-1 0, 12 8 Vogel v. Felice, 9 127 CaL App. 4th 1006 (2005) ......................................................................................... 14 \0 STATUTES 11 California Business and Professions Code §17200 .............................................................................................................................. 15 12 13 California Code of Civil Procedure § 425.16 ...................................................................................................................... passim 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MilcheU 28 Silberberg &: Knupp LLP 2166<13.9 iv Special Motion to Strike 1 NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE 2 3 PLEASE TAKE NOTICE that on May 27, 2009, at 9:00 a.m., or as soon thereafter as the 4 matter may be heard, in Department J of the Marin County Superior Court located at 3501 Civic 5 Center Drive, San Rafael, California 94903, defendant Happy Mutants LLC d/b/a Boing Boing 6 ("Boing Boing") will and hereby does move, pursuant to Code of Civil Procedure § 425.16, for an 7 order striking the Complaint filed by plaintiff MagicJack, LP ("MagicJack") herein. 8 9 This motion is and will be made on the grounds that each cause of action alleged in the I 0 Complaint arises, in whole or in part, from conduct of Boing Boing in furtherance of the exercise II of its constitutional right of free speech in connection with a matter of public interest. MagicJack 12 cannot bear its burden of establishing, through competent and admissible evidence, a probability 13 that it will prevail on those causes of action. 14 15 This motion is based upon this Notice
Load more

Recommended publications
  • PDF the Rapture of the Nerds: a Tale of the Singularity
    [PDF] The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations Cory Doctorow, Charles Stross - pdf download free book The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations Download PDF, Free Download The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations Full Popular Cory Doctorow, Charles Stross, Free Download The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations Full Version Cory Doctorow, Charles Stross, PDF The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations Full Collection, online pdf The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations, Download Online The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations Book, Download PDF The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations Free Online, pdf free download The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations, read online free The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations, by Cory Doctorow, Charles Stross pdf The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations, Cory Doctorow, Charles Stross epub The Rapture Of The Nerds: A Tale Of The Singularity, Posthumanity, And Awkward Social Situations, pdf Cory Doctorow,
    [Show full text]
  • 2. Mondo 2000'S New Media Cool, 1989-1993
    UvA-DARE (Digital Academic Repository) The web as exception: The rise of new media publishing cultures Stevenson, M.P. Publication date 2013 Link to publication Citation for published version (APA): Stevenson, M. P. (2013). The web as exception: The rise of new media publishing cultures. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:02 Oct 2021 2. Mondo 2000’s new media cool, 1989-1993 To understand how it was possible for the web to be articulated as an exceptional medium when it surfaced in the 1990s - that is, as a medium that would displace its mass and mainstream predecessors while producing web-native culture - one must see the historical and conceptual ties between web exceptionalism and cyberculture.
    [Show full text]
  • FVRL Revolutionary Reads
    January 22, 2018 FOR IMMEDIATE RELEASE For information: Tak Kendrick, Communications and Marketing Director 360-906-5021 – [email protected] ‘Revolutionary Reads’: Fort Vancouver Regional Libraries Launches New Reading and Event Series Three books by author Cory Doctorow chosen for inaugural series with special author event planned in March VANCOUVER, Wash. – Fort Vancouver Regional Libraries is excited to launch a new reading and event series to engage readers, spark dialogue, and inspire ideas that just might change the world. FVRLibraries’ “Revolutionary Reads” launches this year focusing on three books (Little Brother, In Real Life, and Information Doesn’t Want to Be Free) by science fiction novelist, blogger and technology activist Cory Doctorow, as well as a series of events throughout the library district related to technology, information, and cyberculture. Programs start in February and run through March at FVRLibraries locations throughout Clark, Skamania and Klickitat Counties, concluding in a special author event on March 26. Of course, copies of Cory Doctorow’s books are available for checkout at FVRLibraries locations. Author Event Cory Doctorow will be speaking at 7 pm on March 26 at Clark Community College’s Gaiser Hall, 1933 Fort Vancouver Way Vancouver, WA 98663. A short Q&A and author signing will follow the talk. Copies of his books will be available for purchase at the event. The event will be simulcast at Stevenson Community Library and White Salmon Community Library for patrons in Skamania and Klickitat Counties. For information about Revolutionary Reads, visit https://www.fvrl.org/revolutionary-reads. ### About Fort Vancouver Regional Libraries Established in 1950, Fort Vancouver Regional Libraries (FVRLibraries) provides a vast range of information and cultural services to almost 490,000 Southwest and South Central Washington citizens in Clark, Skamania and Klickitat Counties, and the city of Woodland and Yale Valley Library District in Cowlitz County.
    [Show full text]
  • Eastern Standard Tribe Blurbs
    Cory Doctorow Eastern Standard Tribe 1 Eastern Standard Tribe Blurbs: Cory Doctorow “Utterly contemporary and deeply peculiar—a hard combination to beat (or, these days, to find).” Copyright 2004 Cory Doctorow - William Gibson, Author of Neuromancer [email protected] http://www.craphound.com/est “Cory Doctorow knocks me out. In a good way.“ Tor Books, March 2004 - Pat Cadigan, ISBN: 0765307596 Author of Synners “Cory Doctorow is just far enough ahead of the game to give you that authentic chill of the future, and close enough to home for us to know that he’s talking about where we live as well as where we’re going to live; a connected world full of disconnected people. One of whom is about to lobotomise himself through the nostril with a pencil. Funny as hell and sharp as steel.” - Warren Ellis, Author of Transmetropolitan Cory Doctorow Eastern Standard Tribe 2 more or less. I’m a science fiction writer. One way to know the A note about this book: future is to look good and hard at the present. Here’s a thing I’ve noticed about the present: more people are reading more words off of more screens than ever before. Here’s another Last year, in January 2003, my first novel thing I’ve noticed about the present: fewer people are reading [http://craphound.com/down] came out. I was 31 years old, and fewer words off of fewer pages than ever before. That I’d been calling myself a novelist since the age of 12. It was the doesn’t mean that the book is dying—no more than the advent storied dream-of-a-lifetime, come-true-at-last.
    [Show full text]
  • Little Brother Discussion Guide: Cory Doctorow
    Little Brother Discussion Guide: Cory Doctorow About Little Brother Sometime in the near future, tech-savvy teenager Marcus Yallow finds himself in the wrong place at the wrong time and becomes a terrorism suspect. Suddenly his casual objection to being monitored—via his internet use, the school-employed gate sensors, and public transit fast-passes—becomes a critical, life-altering protest. But, how do you thwart the efforts of overzealous watchers without becoming as guilty of invasion of others’ privacy as your enemy? Where is the line between public safety and personal freedom? This intelligent romp through the worlds of surveillance, code-writing, and internet communication also offers a compelling examination of the question: What will be the legacy of the young people who grow up in an age of high-tech “anti-terrorism”? In 2009, Little Brother book won the John W. Campbell Memorial Award, the Prometheus Award, the 2009 Sunburst Award, and the White Pine Award. About the Author Cory Doctorow, a coeditor of the influential blog Boing Boing, writes columns for Make, InformationWeek, Locus, and the Guardian. A three-time Locus Award winner, and a Hugo and Nebula nominee, he was named one of the Web’s twenty-five influencers by Forbes magazine and a Young Global Leader by the World Economic Forum. Doctorow’s books are Down and Out in the Magic Kingdom (2003), Eastern Standard Tribe (2004), Someone Comes to Town, Someone Leaves Town (2005), Little Brother (2008), Makers (2009), For The Win (2010), The Rapture of the Nerds (2012), Pirate Cinema (2012) and Homeland (2013.) Homeland is the sequel to Little Brother.
    [Show full text]
  • Security, Torture, and “Freedom” in Cory Doctorow's Little Brother
    gnovis Journal Fall 2014 Volume XV, Issue 1 • • Freedom v. The Man: Security, Torture, and “Freedom” in Cory Doctorow’s Little Brother Thomas Wells Georgetown University Abstract Cory Doctorow’s Little Brother is more than just a sci–fi story about computer hackers. This paper is an attempt to identify the poor ethics of privacy at work in the book, and offer some alternatives that might produce a more fruitful conversation when exploring this subject. vacy, by the right to be left alone, by the right to explore your weird n the opening sequence of the book, the ideas provided you don’t hurt oth- young protagonist of Cory Doctorow’s Lit- ers, then you have common cause Itle Brother is illegally detained. He takes a with the kids whose web-browsers brutal blow to the head from a riot cop and and cell phones are being used thinks: “I didn’t like these people. I decided to lock them up and follow them right then, they would pay a price for all of this” around (2). (19). And they do. Using a variety of tools— jailbroken1 Xboxes, data encryption, and clever coding, he trips them up in every way that he But we have gone down that road, and we all can, waging a guerrilla war against sovereign helped to get us there. We’ve been there for a power run amok. Little Brother is a thrilling tale, long time. Doctorow’s impotent rage about the complete with a faceless, oppressive villain, a fundamental freedoms guaranteed to Ameri- brilliant white–boy protagonist with a roster cans rings hallow when contrasted with the of multi–ethnic sidekicks, and occasional bits neoliberal message he espouses throughout of gray morality sprinkled throughout.
    [Show full text]
  • Cyberculture Evolution
    Cyberculture Evolution Jon Lebkowsky & R.U. Sirius 1996 Two of the principal fathers of technocluture, electronic media activist Jon Lebkowsky and cyber-theoretician R.U. Sirius, have known each other almost from the virtual beginning. Lebkowsky, co-creator of the Austin- based subculture media system Fringeware, Inc., met the co-founder and editor of Mondo 2000 -- the now- defunct slick magazine that juxtaposed computer culture with drugs, sex, and graphic art -- back in the early days of the WELL (Whole Earth 'Lectronic Link), one of the first online communities. The two independent thinkers together created the late online Mondo 2000 conference on the WELL, which Lebkowsky adds "had its 15 minutes as the white-hot, way-kool core of cyberculture". Currently, on Thursday nights on Hotwired, Lebkowsky hosts the Electronic Frontiers Forum (EFF), a kind of an Internet think tank to which Net activists (and the online public) are invited to discuss the ramifications of politics both in and on the wired world. He's also working with EFF-Austin and EFF-Houston to organize a cyber rights conference slated for fall. Though Sirius left Mondo 2000 shortly before its collapse in 1995, he remains a ubiquitous Internet presence -- a search for his name turns up 30,000 matches at URLs all over the world. Sirius pens a regular column for Japan Esquire and is a contributing editor at a wide range of publications from Wired to the zine bOING bOING . His latest book, Cyberpunk Handbook: The Real Cyberpunk Fake Book (Random House, 1995), was co- authored with ex-Mondo colleague St.
    [Show full text]
  • The New Monogamy?
    2020 Visionaries Networks and Human Impulses Two Internet experts, a psychologist, and an anthropologist explore our multiplying connections. CHRISTIAN ANTHONY / ISTOCKPHOTO The Network and Its Contents sight in this final installment of the 2020 Visionaries series. What is a social network? A few years ago, the social net- In true futurist fashion, we’ve tried to cast our net wide. work would have referred to our immediate acquaintances, We begin with a broad discussion about the new relation- the people we lived with and worked beside, perhaps indi- ship between individuals and institutions. viduals we identified as similar to us in age, income, poli- First, New York University telecommunications professor tics, or consumption habits. They may simply have been and best-selling author Clay Shirky says that the greatest classmates, just as Facebook was originally designed to challenge of the Interconnected Age is also its greatest as- cater to the student body at Harvard University. (A new film set: cognitive surplus. We have more creativity, more data, directed by Aaron Sorkin provocatively chronicling the rise more art, more content than any publisher, editor, or news of Facebook is called The Social Network.) producer could ever use effectively. The onus is on each of Take a look at the average Facebook page today and us to participate and make something useful with the new you’ll find millions of networks overlapping one another in tools at our disposal. a grand circuit. Personal and intimate postings from daily Following, we present our account of a remarkable con- life—details of a child’s first steps, a disappointing day at versation.
    [Show full text]
  • EXHIBIT a Case 3:06-Cv-00672-VRW Document 214-2 Filed 06/14/2006 Page 2 of 11
    Case 3:06-cv-00672-VRW Document 214-2 Filed 06/14/2006 Page 1 of 11 EXHIBIT A Case 3:06-cv-00672-VRW Document 214-2 Filed 06/14/2006 Page 2 of 11 About EFF Cases Press Room DeepLinks Action Center Join EFF Sitemap | Calendar > Home > About Search eff.org Contact and Enter search terms About EFF Powered by Staff From the Internet to the iPod, technologies are transforming our Search EFF society and empowering us as speakers, citizens, creators, and Information consumers. When our freedoms in the networked world come » About EFF's search under attack, the Electronic Frontier Foundation (EFF) is the first » Contact Us line of defense. EFF broke new ground when it was founded in » Board of Directors Contents 1990 — well before the Internet was on most people's radar — » Staff List miniLinks and continues to confront cutting-edge issues defending free » Advisory Board Awards speech, privacy, innovation, and consumer rights today. From the » Volunteer, Intern, and EFF Victories beginning, EFF has championed the public interest in every Employment Opportunities EFF White Papers critical battle affecting digital rights. » How to Support the Electronic Frontier Foundation EFFector Blending the expertise of lawyers, policy analysts, activists, and technologists, EFF achieves Subscribe to significant victories on behalf of consumers and the general public. EFF fights for freedom EFFector! primarily in the courts, bringing and defending lawsuits even when that means taking on the US [our free email government or large corporations. By mobilizing more than 50,000 concerned citizens through newsletter] our Action Center, EFF beats back bad legislation.
    [Show full text]
  • Literature and Media James P
    Literature and Media James P. Zappen Selected Bibliography 1. Novels and Short Stories Asimov, Isaac. I, Robot. 1950. New York: Random House, Bantam Spectra Book, 2008. Bellamy, Edward. Looking Backward: 2000-1887. Memorial Edition. Boston: Houghton Mifflin, 1888. Blake, Victoria, ed. Cyberpunk: Stories of Hardware, Software, Wetware, Revolution and Evolution. Portland, OR: Underland Press, 2013. Bradbury, Ray. Fahrenheit 451. 1953. New York: Simon and Schuster, Simon and Schuster Paperbacks, 2012. —. The Illustrated Man. 1951, 1997, 1999. New York: New York: HarperCollins, Harper Perennial Modern Classics, 2011. Butler, Octavia E. Bloodchild and Other Stories. 1996. New York: Steven Stories Press, 2005. —. Kindred. 1979. Boston: Beacon Press, 2003. Danielewski, Mark Z. House of Leaves: A Novel. 2nd ed. New York: Random House, Pantheon Books, 2000. DeLillo, Don. Mao II. 1991. Penguin Group, Penguin Books, 1992. —. White Noise. 1985. New York: Viking Penguin, Penguin Books, 2009. Doctorow, Cory. Eastern Standard Tribe. New York: Tom Doherty Associates, Tor Book, 2004. Also Web. 15 Aug. 2017. http://craphound.com/est/?page_id=1574 —. With a Little Help. Amazon Edition, 2009. Also Web. 15 Aug. 2017. http://craphound.com/walh/e-book/browse-all-versions Egan, Jennifer. “Black Box.” The New Yorker 4 & 11, June 2012. Web. 15 Aug. 2017. http://www.newyorker.com/magazine/2012/06/04/black-box-2, https://storify.com/cbcbooks/jennifer-egan-s-black-box —. Look at Me: A Novel. 2001. New York: Random House, Anchor Books, 2002. —. A Visit from the Goon Squad. New York: Random House, Anchor Books, 2011. Eggers, Dave. The Circle: A Novel. 2013. New York: Random House, Vintage Books, 2014.
    [Show full text]
  • Industrial Evolution: Steampunk’S Predecessors and Present
    Bowser and Croxall 1 SLSA 2008 presentation Industrial Evolution: Steampunk’s Predecessors and Present If you have spent any time on Boing Boing, Gizmodo, or Engadget in the last twelve months, it might have seemed that “steampunk” as a concept, design aesthetic, and all-around Internet meme might have come from nowhere. Looking at data from Google Trends, it turns out that this assessment of this reiteration of technological and material culture of the late 19th century isn’t all that far off. For all intents and purposes, steampunk was not even a blip on the collective consciousness until 2007. From that point, however, it suddenly began to appear—or to be noticed—everywhere: in the DIY/Maker movement, cosplay, video game and movie design, and art installations. In May of this year, The New York Times ran a feature story on the subject, and two weeks ago, from 31 October to 2 November, the inaugural California Steampunk Convention took place in the San Francisco metro area. Even MTV has recently gotten into the act, running several short segments on MTV News about the trend and pondering whether Beyoncé Knowles’s latest video—for “Single Ladies”—involves a steampunk glove. With this emphasis on the visual appeal of steampunk, however, one might not immediately realize that steampunk began as a literary movement, another subgenre on the ever- branching tree of science fiction. While bloggers and the media have paid progressively more attention to steampunk in the last 12 months, those interested in literary and cultural studies are only now beginning to consider the movement.
    [Show full text]
  • Bird Rides Inc., 406 Broadway #369, Santa Monica, Ca 90401
    DocuSign Envelope ID: 643DDC05-A08B-4D64-B266-9FE3CC28E6F4 December 20, 2018 Boing Boing Happy Mutants LLC 775 E. Blithedale Avenue, #116 Mill Valley, CA 94941-1554 Via email: [email protected] Re: Notice of Claimed Infringement by Cory Doctorow: https://boingboing.net/2018/12/08/flipping-a- bird.html Dear Legal Team: We are writing to alert you to a blog on your website that violates intellectual property and other rights of Bird Rides, Inc. (“Bird”) and also violates your own Terms of Services. Specifically, one of your users, Cory Doctorow, is promoting the sale/use of an illegal product that is solely designed to circumvent the copyright protections of Bird’s proprietary technology, as described in greater detail below, as well as promoting illegal activity in general by encouraging the vandalism and misappropriation of Bird property. Please see this link and attached screen shots. Specifically, the “conversion kit” promoted by your user (the “Infringing Product”) violates the DMCA’s anti-circumvention protection, which is codified in 17 U.S. Code § 1201 and specifically provides: (a) (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that
    [Show full text]