Dozier Internet Law, by John W. Dozier

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Google Bomb Book Coming, by John W. Dozier

June 05, 2009

Google Bomb, the book, written by Sue Scheff and online defamation lawyer John W Dozier Jr, is coming soon. The final edits of Google Bomb are being finalized. One of the interesting aspects of the world of the mobosphere is organized attacks. This animation tells a story that is happening more or less daily in one form or another and this is covered extensively in Google Bomb. As a defamation lawyer, it is becoming common because I hear the stories every day. Attacking on the web to gain an economic benefit is closer to extortion than free speech.

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Defamation Book, by John W. Dozier

June 09, 2009

At Traverse Internet Law, we've been working hard turning back online attacks for our clients. John W Dozier Jr, President and Founder of Dozier Internet Law, has put together a top ten list of the personalities and characteristics of online attackers and scofflaws. You can read all about them in the Google Bomb book on online defamation coming soon. For now, here is an introduction, compliments of Dozier Internet Law.

Text follows:

Google Bomb is coming by September first. One of the things you'll learn all about is ten scofflaw persons on the web. For those under attack, it is essential that you first identify who you are dealing with. The authors of Google Bomb have plenty of experience in identifying the characteristics of online scofflaws. This evaluation really helps when you are considering the many different strategies, tactics and actions available to the target of a vicious and false online attack. Here is a short list of scofflaws who frequent the web and wield the keyboard with malice.

The Pickpocket. He used to hang out on street corners waiting for the elderly to pass by.

The Wacko. Or, as most would refer to this type of character, a nut case.

The Druggie. A normal guy during the day, a terror at night after he gets his buzz going.

The Alien. From a land far away and untouchable.

The Nerd. Dork during the day, Casanova at night fueled by the power of anonymity.

The Rookie. Even his English teacher would be surprised by this 13 year old’s creative writing.

The Sadist. Not quite foaming from the mouth, but clearly enjoying causing great pain in others.

The Bankrupt. Nothing to lose, and he acts like it with vigor.

The Criminal. Protection rackets are the tool of choice, and organized crime in a new sense is both alive and well online.

The Mis-leader. Biased and prejudiced with an ulterior motive, all cleverly hidden from view so as to seem objective and fair.

Are you a victim of an online attack? Figure your attacker out first. Otherwise, if you try to deal with it things could get worse. Much worse. Google Bomb will tell you all about the landscape of this new battlefield, and arm you with the knowledge of Sue Scheff, the recipient of an $11.3 Million defamation judgment, and John W. Dozier Jr., a top rated internet law attorney. Both leading advocates for change.

Google bomb. There is a time to keep quiet and a time to speak. The time to speak is now.

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Dozier Internet Law v. Ronald Riley with Public Citizen, by John W. Dozier

June 13, 2009

Does Public Citizen really not get it? Is Paul Alan Levy so blinded by a raging obsession with expanding free speech and attacking businesses that he honestly believes what he is saying? Or is possible Levy really, really does not understand?

Dozier Internet Law filed suit against Levy's long-standing friend and client, Ronald Riley, for trademark infringement. Looks like they have been working together for well over five years.

The Dozier Internet Law lawsuit has been mentioned in two recent news articles and had become, until the entire lawsuit was read, a hot topic defending Riley and criticizing us because, according to Paul Alan Levy, the lawsuit is about the failure of Riley to link to the Dozier website but instead linked elsewhere when using the law firm name.

Well, it is not the destination of the link that is the biggest part of this lawsuit. Not by a long shot.

So, for those journalists who have a nasty habit of taking a short cut, the next time you go to Paul Alan Levy and Public Citizen for insight into a legal case, be sure to ask a trademark infringement attorney who has experience in trademark matters arising on the internet. An experienced trademark infringement lawyer would have pointed out the following:

The Dozier Internet Law lawsuit sets out as one example of trademark infringement because the link to the firm's website pointed to another page. The lawsuit states that "this is but one example of the many abuses...".

So, what is this lawsuit about?

1) Riley's anchored text links with the Dozier name are coded so that they repeat the name multiple times and then lead, of course, to an error page that he uses to direct traffic to his commercial site. This is "keyword stuffing" and trademark infringement.

2) Riley tells the search engines that this site is not a criticism site but is the "Dozier Internet Law" website by using Dozier's business name and page title and meta tag search engine optimization tactics to mislead the search engines.

3) Riley has repeated the Dozier name over and over and is "keyword stuffing" the content of the page with the Dozier name while at the same time keyword stuffing the HTML code of the page as explained in paragraph 1.

4) Riley had two pages of hidden text with Dozier's names on the page and the background set in the same color as the words. This is hidden keyword stuffing, a favorite unethical practice of spammers and scammers, and got this site banned by Google until he removed them well into this litigation.

So, does Levy just not get it? Does he have any background in SEO or online business to figure this out? Does he have any objective resource to turn to? Evidently not.

Oh, Riley nets about $250,000 from his website properties every year. Is this site fair criticism? You can't necessarily tell by looking at it today. But if you really understand the web, you can figure it out. The question is whether the Dozier Law Firm trademarks are being infringed. Riley offers services to many of the same sorts of clients we represent, and he drives eyeballs to his commercial site from this site optimized with the Dozier law firm name. But that is not where it ends. Not by a long shot. He runs a prominent textual ad for a major competitor, a private law firm that supports Riley, and remarkably runs two separate ads on the page for none other than his own lawyers in this case...Public Citizen, with whom we compete for defense work.

The last fact, of course, jumps off the page for those who understand legal ethics. But then again, when you go change a website and try to pass it off to a federal judge as the original, get caught, and get tossed out of court, I'm not surprised. Paul Alan Levy and Public Citizen need to stop obsessing about business following honest and fair business practices and start cleaning up their own house.

So, for you journalists who think you can call Levy and get even a remotely fair and accurate portrayal of the issues in a case, you should know better. Levy is unreliable. Perhaps it's intentional. Likely it is pure ignorance. No matter. For you it means lame reporting with a bad source delivering bad information.

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Jury Increases Verdict in Music Copyright Case Retrial, by John W. Dozier

June 19, 2009

We have been following the progress of the music copyright infringement cases over the years, often finding our firm defending those who receive the lawsuits or demand letters. The first case to go to trial resulted in a verdict of $222,000. All of the consumer rights groups jumped on the result, criticizing everything about the trial and taking the lawyer for the defendant to task for alleged incompetence. With new, supposedly expert, lawyers provided by, or supported by, the consumer rights groups and other free speech related coalitions, the Judge in the original trial agreed to a re-trial. Dozier Internet Law is battling these extremist groups all the time, and while we try to protect the intellectual property of businesses, these groups seem to always be supporting the right of others to take this property. Kind of a Robin Hood philosophy better suited for socialism than capitalism.

So, it would come as no surprise to Dozier Internet Law, frankly, that the retrial with these consumer rights minded copyright lawyers (at least that is how they are characterized online) would result in a jury verdict for the defendant. But that is not the way it has turned out. Looks like the case was not as weak as the consumer rights and anti-business forces believed.

The new jury verdict returned is almost ten times greater than the initial verdict, leaving the Defendant destitute for sure. The original verdict was for $9,250 per song. The new verdict is for $80,000 each song. The verdict has increased from $222,000 to $1.92 Million. And these groups, headed up by the Electronic Frontier Foundation, are again attacking the jury verdict.

So, do they appeal and fight the case? It's hard to attack their own hand picked lawyer this time. And how much more will the next jury verdict be? Well done, consumer rights groups. Nice message to send out. The consumer rights in-house lawyers, (not the private firm representing the defendant), constantly spread the mantra that they will fight for you. But do you really want them? The last I looked, the leading consumer rights groups like EFF and Public Citizen didn't appear to have a single lawyer that has ever tried a case to a jury. If there is one on staff, I'll leave the comments open so you can list them.

At Dozier Internet Law, we love going against the in-house lawyers for the ACLU, Public Citizen and EFF and other consumer rights type groups. They can sound great in press releases, and public commentary, and legal briefs. But you should see them in discovery, litigation and before a jury. And that's why they have no experience with jury trials. They are scared to try a case. They just settle cases in the quiet of the night. Because they are scared to lose and know that if they try the case, that is the likely result. And having a client get slammed for a $2 Million Judgment, and thereby ruining her financial situation for life, is hardly worth the principle in their minds.

That's the notable part of this case. The case got tried to a jury. They were forced into trial given the circumstances. Ouch. Nice result.

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Online Retailer Lawyer Offers Top Tips For Data Loss, by John W. Dozier

June 20, 2009

John W Dozier Jr. spoke at the annual Internet Retailer conference in June on data protection and managing the liabilities that can arise. Faced with a data loss, an online retailer or marketer or other business entity is often faced with notification laws, liability to banks for losses, FTC and State Attorney General investigations, and class action lawsuits. Given these exposures, most online businesses simply cannot survive to live another day. So John W Dozier Jr offered four suggestions to avoid and manage the risk of data loss:

1) Beware the Wolf in Sheep's Clothing: While your biggest concern may be the loss of credit card information, the fact is that much litigation is coming from inside jobs. Maintain your data internally on a "need to access" basis, and be vigilant in guarding against employee and contractor misappropriation. Don't let those with access to your data do any affiliate marketing on the side, for instance, and have strong written contracts with employees and contractors that will discourage the "borrowing" of your data.

2) Use Salt Liberally: Place your own (preferably fictitious) personally identifiable information in your databases so if they are stolen you will be the recipient of the end use of the data. Banks have been doing this for years. It's called "salting". Sprinkle into your databases information like an anonymous email address so if your data is stolen you'll get an email if someone decides to spam with it.

3) Put it on the Other Guy: No, don't just blame someone else. That's nothing new. Actually anticipate this issue arising and guard against assuming liability brought about by others. Make sure you have indemnification provisions in your web development, web hosting and other third party contracts so if the access is not your fault, you can look to a third party for reimbursement of your losses.

4) Under Promise, Over Deliver: Make sure that your privacy practices are well understood internally and are accurately set forth in your privacy policy. Make sure that your privacy policy provisions do not conflict with your User Agreement and other contracts. And then make sure that your website content is consistent with your Privacy Policy and privacy practices. This is where you will get nailed by the Federal Trade Commission and others even if the loss was not due to your own neglect. Don't promise more than you are prepared to deliver. And in doubt, under promise. For most businesses, you can offer up no promises about data security in your privacy policies and avoid this contract based obligation. Other laws may apply if you have a data loss, but at least you will have limited your exposure.

Traverse Internet Law specializes in the law of the web representing businesses. Contact one of our online retailer lawyers for a risk-free consultation.

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What Can Get You Sued?, by John W. Dozier

June 21, 2009

As defamation lawyers we are often involved in analyzing a potentially defamatory post. In today's world, it is getting harder and harder to figure out whether some blog comment or post is a statement of fact. Statements of fact can now be couched in statements of opinion and craftfully presented so that Google picks up the factual words and presents those it is results. It's a game that brings into play issues unique to the law of the Internet and issues your typical defamation lawyer will have a hard time grasping.

At Traverse Internet Law, our defamation lawyers deal with this type of analysis often.

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Internet Lawyer Thoughts, by John W. Dozier

June 24, 2009

Traverse Internet Law has launched a new Internet lawyer blog. The blog will be discussing whatever comes to mind as it relates to the development and growth of the web, the underlying philosophies and driving forces, and the challenges of issues yet to be resolved. And issues yet to be recognized. We'll be offering the unique perspective of an Internet lawyer on the inside, with a slant and perspective of a businessman confronted with the many challenges that inevitably lurk in the Wild West of the online world. We will cover unintended consequences or unanticipated results from recent web developments, and try to see into the future as to where we are all headed. Drop by the Internet lawyer blog and post a comment. And if you run into a particularly difficult situation don't forget that Traverse Internet Law helps solve problems.

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How To Hire An Internet Lawyer, by John W. Dozier

June 25, 2009

At Traverse Internet Law, we field calls from new client prospects constantly looking to hire an Internet lawyer. Obviously Traverse Internet Law isn't the only option out there. Your search for the right Internet lawyer does not have to be frustrating. It just takes some time and effort on your part.

Traverse Internet Law focuses on challenging, complex, and high profile matters. If you are looking to have an Internet lawyer draft a user agreement or privacy policy, there are many options that could be less expensive than our firm. We focus on an holistic approach and would work for a client to assure legal compliance, and as part of that process we do draft these contracts. But it is for firm clients only...those clients with high expectations for a robust approach and those clients with whom Traverse Internet Law has a track record or at least those clients who are committed to quality and thoroughness. Understandably there are those in need who are looking for a quick contract on a set fee. We don't do that. Others do.

Traverse Internet Law is a group of Internet lawyers, as well as litigation and trial lawyers. We might be the firm to hire when you get in a jam or have someone trying to pull a fast one on your business.

We are putting together a guide of sorts on this blog...Internet Lawyer...to give you some guidance and a step by step approach to finding the right internet lawyer. Keep up with our ten suggestions for hiring the right internet lawyer and you'll find that it is a lot easier process than you might have imagined to find the right fit.

There is a size that fits for all.

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Blogger Busted By FBI, by John W. Dozier

June 27, 2009

John W Dozier Jr just completed final editing of "Google Bomb", a book about online attacks and just the sort of thing that precipitated the arrest by the FBI of a blogger for what he said on his blog. Paul Alan Levy, the internet lawyer with Public Citizen who is no stranger to attacking judges with words and imploring his netizen constituency to online action against his adversaries, was the apparent "go to" guy to put this alleged misconduct in perspective. So it was a bit odd to see Levy offering his impliedly unbiased opinion to journalists. He stated that with respect to the comments from the blogger about specific federal Judges...."The question is, 'Is it a threat, or is it advocacy'." Well, given the facts internet lawyer Levy had available, let's see if this could possibly be simply idle chatter from a well intentioned and likely vehement follower of Levy's propaganda. This is what the FBI and Department of Justice allege Mr. Hal Turner said in threatening Federal Judges after they decided a case:

1) "These Judges deserve to be killed."

2) "Apparently, the 7th Circuit court didn't get the hint after those killings (more on this below). It appears another lesson is needed."

3) "Judges official public work addresses and a map of the area are below. Their home addresses and maps will follow soon."

4) A photo of the Federal Courthouse in Chicago modified with arrows and a label noting the "anti-truck bomb barriers".

The reference to the other murders in number two? When the same Circuit Court decided to allow stand a conviction of an individual for soliciting murder of another federal judge in Chicago, that federal judge's mother and her husband were murdered in their home.

Now, I am all for offering up balanced perspectives to all of the online netizens who look to a real Internet Lawyer to help them understand appropriate conduct and where the lines are drawn. And we need vigorous advocacy by Internet lawyer types on both sides of these issues. But Levy is an extremist, and legitimate journalists need to stop relying upon him as an objective, fair or balanced source. Here's what I would like to have heard Paul Alan Levy say. Maybe he can learn that the message of the value of free speech can be protected without assuming extreme positions that will influence the ignorant and make him look foolish when he is challenged on it. Here, if Paul Alan Levy could learn to exercise discretion and judgment, is what he could have said:

"From a moral standpoint, respect and protection of our judicial system is essential. This situation is a lesson for the hundreds of millions of uninformed netizens relying upon us as their moral compass. If these allegations are true, and Hal Turner meant what he was saying, there is no place for such misconduct. His words erode the moral fabric of online society and put at risk the right to free speech we all enjoy. There are legal issues with respect to whether the government has to prove an imminent threat to physical harm, which is almost always the defense raised in cases in which threats are made to public officials, and other free speech matters may arise in the course of this case. But no matter what the legal outcome, we cannot condone in any way attacks on Judges, their families, or the administration of justice. Our justice system is not perfect, and we'll continue to work everyday to point out the problems and offer solutions, but it is the best in the world. And we must all be ever vigilant to preserve, protect and defend the Judiciary."

So, I have to wonder-at what point is Paul Alan Levy and Public Citizen just no longer relevant in today's debates about online rights and speech? I think they still deserve to be at the table. Just so far out on the left of center that while they are accorded a plate-setting, their voice is barely decipherable. The term "extremist" understates what Public Citizen is doing to the moral fiber of the online world. And you'll hear much more about internet lawyer Paul Alan Levy and Public Citizen in "Google Bomb", the book. Much more.

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Top Tips To Find The Right Internet Lawyer, by John W. Dozier

June 27, 2009

At Traverse Internet Law we are sought after to offer our guidance and advice on a wide range of issues from people and businesses all over the world. Many of the questions we field from prospective clients are great questions, and through those it has become clear that many people might appreciate some assistance in guiding them through the process of selecting the right Internet lawyer. So we have launched a blog as a resource for the many people facing an Internet law problem and searching for legal help. The blog posts on Internet lawyer are there to provide guidance and advice. We encourage you to offer your own comments and thoughts.

Hiring an Internet lawyer can be a very scary process. What might look good online could lead to a very unpleasant and unsatisfactory reality. Internet lawyers at Traverse Internet Law are experts in internet law issues. Contact one of our Internet Law attorneys today to see if Traverse Internet Law is a good fit.