Diehl v Crook

Stipulation of Dismissal Without Prejudice & Settlement Agreement

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EFF filed suit on November 1, 2006 against the man behind "craigslist-perverts.org" -- a website that publicized responses to fake personal advertisements posted on Craigslist.org -- on behalf of an online journalist, Jeff Diehl, who criticized the controversial outing campaign and received legal threats in return.

In a March 2007 settlement, Crook agreed to withdraw his DMCA complaints, take a copyright law course, and apologize for interfering with the free speech rights of his targets.

The agreement settled a lawsuit against Crook filed by EFF on behalf of Diehl, the editor of the Internet magazine 10 Zen Monkeys. Diehl was forced to modify an article posted about Crook's behavior in a fake sex-ad scheme after Crook sent baseless Digital Millennium Copyright Act (DMCA) takedown notices, claiming to be the copyright holder of an image used in the story. In fact, the image was from a Fox News program and legally used as part of commentary on Crook. But Crook repeated his claims and then attempted to use the same process to get the image removed from other websites reporting on his takedown campaign.

In addition to withdrawing current complaints against Diehl and every other target of his takedown campaign and taking a copyright law course, Crook has also agreed to limit any future DMCA notices to works authored or photographed by himself or his wife, or where the copyright was specifically assigned to him. All future notices must also include a link to EFF information on his case, as well as the settlement agreement. Crook has also recorded a video statement to apologize and publicize the dangers of abusing copyright law.

This is the stipulation of dismissal w/out prejudice, asking the court to retain jurisdiction to enforce the settlement agreement, which is attached to this stipulation.

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Reference Info:Federal, 9th Circuit, California | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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