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ARTICLE · 05 DECEMBER 2010

Talking About Your Case On Your Blog? You May Have Just Waived Privilege

On October 22, 2010, an American magistrate judge ruled that a plaintiff suing Universal Music Corp. for improperly sending a takedown notice under the Digital Millennium Copyright Act (DMCA) waived a number of heads of attorney-client privilege by discussing the details of her legal case by email and on a blog.

CanadaIntellectual Property

On October 22, 2010, an American magistrate judge ruled that a plaintiff suing Universal Music Corp. for improperly sending a takedown notice under the Digital Millennium Copyright Act (DMCA) waived a number of heads of attorney-client privilege by discussing the details of her legal case by email and on a blog.

In Lenz. v. Universal Music Corp, the plaintiff claimed damages and attorneys' fees as a result of Universal Music Corp.'s filing of an allegedly fraudulent DMCA take-down notice seeking to have a home video of the plaintiff's child dancing to a copyrighted song removed from YouTube.

A magistrate judge ruled that plaintiff Stephanie Lenz waived attorney-client privilege by discussing her case in e-mail, on her blog, and in chat sessions. Through these online media, Lenz made representations about conversations she had had with her attorneys from Electronic Frontier Foundation (a non-profit digital rights advocacy and legal organization). These

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