Dwarfism Advocacy Group Files FCC Complaint Against 'Celebrity Apprentice'

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Little People of America, Inc. (LPA), a national nonprofit dwarfism support organization, has filed a complaint with the Federal Communications Commission against NBC's "Celebrity Apprentice," Donald Trump's reality program, over the April 5, 2009, episode's repeated use of the word "midget," which the LPA considers offensive.

The LPA likens "midget" to a racial slur and wants a proscription of the term on broadcast television. According to the FCC Form 475B (Obscene, Profane, and/or Indecent Material Complaint Form) submitted by the LPA, the episode at issue ridiculed little people not only by uttering the word "midget" numerous times, but also by cast members producing a viral video detergent ad entitled "Jesse James and the Midgets." Former NFL running back Hershel Walker, comic Joan Rivers, and country star Clint Black, not exactly a triumverate of national arbiters of good taste, discuss during the segment having little people bathe themselves in a bathtub full of detergent and then hanging them out to dry.

No comment as yet from Trump, NBC, or the FCC in response to the LPA complaint. The LPA (http://www.lpaonline.org) was co-founded in 1957 by actor Billy Barty, and claims to have more than 6,000 members worldwide.

Judge Rules NJ Shield Law No Help to Blogger

In a case of first impression, a Superior Court judge in Monmouth County, NJ, has ruled that New Jersey's shield law (N.J. Stat. sec. 2A: 84A-21 to 21.8), which protects against disclosure of confidential information to the government, only applies to persons affiliated with the news media and offers no solace to a private individual blogging from Washington.

Presiding over the defamation, false light, trade libel action, Too Much Media, LLC, John Albright and Charles Berrebbi v. Shellee Hale and John Does 1-13 (Case No. L2736-08), Judge Louis Locascio wrote in a 19-page opinion that Hale, a licensed private investigator, is not a journalist engaged in disseminating information eligible for shield law coverage, but rather, a "private person with unexplained motives for her postings." Though characterizing the Garden State's shield law as broad, Judge Locascio said legislators who passed the measure "could not have anticipated the instaneity with which people can now transmit information."

Because she is not a journalist, Judge Locascio held that Hale not only cannot avail herself of the shield law, but also that she could be found liable for defamation if the plaintiffs prove her postings critical of them were merely negligent, rather than requiring the plaintiffs to satisfy the higher standard of proving the postings were made with "actual malice" mandated in cases involving media defendants. Moreover, because Hale's posts accuse the plaintiffs of engaging in criminal conduct and question their competence as businesspeople, Judge Locascio ruled the plaintiffs can seek damages against the defendant without having to demonstrate they suffered actual financial loss.

"Too Much," a computer software supplier that services the online adult entertainment industry, allege that Hale blogged postings on a pornography industry message board accusing the plaintiffs of threatening her life and violating New Jersey's identity theft statute. Hale focused on NATS, a "Too Much" product that facilitates businesses linked to one another in tracking click-generated commissions. Faced with having to reveal the sources of her allegations in a deposition, Hale sought shield law protection.

Judge Locascio wrote that Hale's posts did not undergo editorial review or rigorous fact-checking, and likened them, not to journalistic writing, but rather to anonymous public comments that follow news articles on journalism Web sites. To extend shield law protection to Hale, Judge Locascio wrote, "would mean anyone with an email address, with no connection to any legitimate news publication, would post anything on the Internet and hide behind the shield law's protections."

If the decision is appealed as expected, and subsequently upheld, online amateur journalists who want the comfort of shield law protection had better shore up their news media connection before venturing down New Jersey's virtual turnpike.

UPDATE: LaRussa Finds a Walk as Good as a Suit

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St. Louis Cards Manager Tony LaRussa has dismissed his lawsuit against Twitter, Inc., with prejudice, perhaps concluding that his case against the social network was off-base.

No money changed hands in the decision to end the San Francisco Superior Court case of Anthony LaRussa v. Twitter, Inc. & Does 1-25 inclusive (CGC09-488101). The multi-count suit included allegations of misappropriation, trademark infringement and cybersquatting based on an imposter sending offensive tweets under LaRussa's name (see "TUOL" posts 6/4/09, 6/8/09, 6/9/09).

Does Ky. Shield Law Cover More than Plaintiff's Dress?.

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The Richmond (Ky.) Register is relying on the Commonwealth's Shield Law and the First Amendment to support its refusal to divulge the identity of an anoymous poster on a forum linked to the newspaper who allegedly defamed a college student involved in a dust-up with mall security, according to The (Louisville) Journal-Courier.

Kymberly Clem, a student at Eastern Kentucky Univ., was booted from the Richmond Mall on Aug. 9, 2008, purportedly because the dress she was wearing--and had purchased the previous day at that mall--was too short. The story garnered national attention and a posting from a blogger identified as "12bme" that appeared on Aug. 13, 2008, following a Register story about the incident alleged that Ms. Clem was escorted from the Mall because she exposed herself to a woman accompanied by her children who supposedly commented on the dress length.

Clem sued 12bme for defamation in Madison Circuit Court and subpoenaed The Register to obtain the poster's identity. Predictably, the newspaper argues a First Amendment right for itself and 12bme to speak freely in the public forum of an online site. However, the Register also contends that Kentucky's Shield Law, adopted in 1936, prohibits the Court in the Clem case from requiring the Register to disclose the identity of 12bme, whom the Register claims is a confidential source because a Register reporter wrote a story about the Clem matter that cited the posting.

Clem's attorney counters that the posting is false and unprotected by the 1st Amendment, particularly because it accuses Clem of criminal conduct, that is, indecent exposure. Although the Register is contesting the subpoena, it not only removed the posting at issue, but banned 12bme from making future comments in the forum.

Hard Rolls in America's Breadbasket

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Roadside signs flogging strip clubs and purveyors of sexual paraphrenalia won't be coming down this week courtesy of a federal judge, who granted a preliminary injunction against the enforcement of Kansas Statute Annotated (KSA) sec.68-2255 (2006) that curtailed billboards within one mile of a highway that advertise adult businesses.

U.S. District Court for the District of Kansas Judge Julie A. Robinson this week allowed the plaintiff's motion to enjoin enforcement of the statute in the case of Abilene Retail #30, Inc. d/b/a Lion's Den Adult Superstore v. Steven N. Six in His Official Capacity as Kansas Attorney General (No. 09-2195). Under the provisions of the Kansas statute, such signs were limited to 40 square feet in size and could only display the name, phone number, location, and operating hours of adult enterprises.

The Lion's Den challenged the statute as a prior restraint of commercial free speech under the First Amendment to the U.S. Constitution. The adult "superstore," which is located along Interstate 70 in Abilene, Kansas, has three billboards designed to attract passing motorists, but claims the signs display only the name, location and logo of the story, without illustrations or photographs.

Judge Robinson's order for injunctive relief does not address the constitutionality of the Kansas statute. Similar laws have been overturned in a handful of states, including South Carolina and Georgia. The Court held that Lion's Den met its burden of proving that KSA sec. 68-2255 "impermissibly regulates commercial speech."

For now, Kansas summer vacationers can barrel down I-70 "Topeka" the Lion's Den billboards.

No Relief for Clemens as Libel Pitch Loses

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Roger Clemens may have garnered seven Cy Young Awards and racked up 354 wins in his 23-year career as one of Major League Baseball's premier pitchers, but the 46-year-old ex-hurler continues to serve up gopher balls in his efforts to resuscitate his defamation suit against former trainer Brian McNamee in the U.S. District Court for the Southern District of Texas.

In a 10-page decision this week, Judge Keith Ellison denied Clemens' motion to reconsider the judge's ruling in February 2009, that tossed most of Clemens' claims against McNamee. In the case of William Roger Clemens v. Brian McNamee (No. 4:08-cv00471), "Rocket" Roger alleged that McNamee falsely told Clemens' teammate on the NY Yankees and Houston Astros, pitcher Andy Pettitte, that Clemens used anabolic steroids and human growth hormone, and that McNamee made defamatory statements about Clemens' alleged use of these banned substances to S.I. com and in testimony before the Mitchell Commission.

In February, Judge Ellison held that the purported statements to Pettite did not constitute slander per se and that the Court lacked personal jurisdiction over McNamee as regards his alleged comments to S.I.com and before the Mitchell Commission, which were immune from suit because they were made in the course of a government investigation. Asked to reconsider his initial rulings, Judge Ellison this week shook off the sign from Clemens' attorneys and affirmed his dismissal of the heart of Clemens' defamation suit.

Attorneys for McNamee have indicated their intent to bring a defamation suit against Clemens in New York. With the way things have been going for the putative Hall of Famer these days, don't be surprised if Mike Piazza and Dan Duquette wind up on the jury.

Stale Rye: 'Catcher' Sequel Not Coming Through

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"60 Years Later: Coming Through the Rye," will not be published, advertised or otherwise distributed in the U.S. during the pendency of J.D. Salinger's copyright infringement lawsuit against its Swedish author, Fredrik Colting.

U.S. District Court for the Southern District of New York Judge Deborah A. Batts yesterday granted the preliminary injunction against publication sought by the reclusive 90-year-old Salinger in the case of J.D. Salinger, individually and as Trustee of the J.D. Salinger Literary Trust v. Fredrik Colting, writing as John David California, WindupBird Publishing, Ltd., Nicotext A.B. and ABP, Inc. d/b/a SCB Distributors, Inc. (No. 1:09cv05095). Judge Batts confirmed her findings in extending the temporary restraining order that she instituted on June 17 that Salinger holds a valid copyright in his 1951 classic "The Catcher in the Rye," whose sales have topped 35 million worldwide, and that the novel's alienated teen protagonist, Holden Caulfield is sufficiently delineated so that a claim of infringement has merit. (See "TUOL" posts 6/3/09, 6/18/09).

The defendants' arguments that "60 Years" was a literary critique or parody of "Catcher" that was transformative of the original and shielded by the Fair Use exception to the Copyright laws did not hold sway with Judge Batts, who found that Colting's effort borrowed wholesale "substantively and stylistically" from Salinger's work. "To the extent defendants contend that '60 Years' and the character of Mr. C direct parodic comment or criticism at Catcher or Holden Caulfield, as opposed to Salinger himself, the Court finds such contentions to be post-hoc rationalizations employed through vague generalizations about the alleged naivete of the original, rather than reasonably perceived parody," Judge Batts wrote in her 37-page decision.

The 227-page "60 Years,"which already has been published in England, features a 76-year-old character named Mr. C who escapes from a retirement facility in upstate New York and encounters, among other characters, an individual named Salinger. Defendants may immediately appeal Judge Batts' ruling to the U.S. Circuit Court of Appeals for the Second Circuit.

At least for the time being, as Holden Caulfield would put it, Judge Batts' decision is a "crummy" "lousy" one for the defendants.

Sinking Revenues Means More Reporter Layoffs at Gannett

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The nation's largest newspaper publisher, Gannett Co., Inc., which produces more than 80 local daily newspapers and the national USA Today, will slash its workforce of 41,500 by between 1,000 and 2,000, according to The Wall St. Journal.

The cutback, which is prompted by a significant decline in ad revenues (See "TUOL" post 6/16/09), comes on the heels of a 10 percent reduction in the media conglomerate's workforce implemented last year, which translated into the loss of 4,600 jobs, along with unpaid furloughs imposed on employees during the first half of this year. The company reported debt exceeding $3.7 billion in the first quarter of this year.

The proposed layoffs will be felt in the U.S. Community Publishing Division. USA Today will not be affected by this latest belt-tightening measure.

Thank goodness we'll still have the color weather map. It seems a long time ago when USA Today founder Al Neuharth was asked whether his company was pronounced "GanNETT" or "GANnett," and he responded that it was pronounced "money."

Fired Friedman Sues Fox

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Fired Fox News entertainment columnist Roger Friedman is seeking more than $5 million in damages from his former employer in a lawsuit filed in the New York Supreme Court.

The case, Roger Friedman v. Fox News Network,LLC, NewsCorp America, Twentieth Century Fox and Rupert Murdoch (No. 09-602005), includes counts alleging wrongful termination, tortious interference, and defamation arising from Friedman's ouster on April 4, 2009. The complaint alleges that Friedman, who currently writes for The Hollywood Reporter, was being paid $250,000 annually by the defendants in a contract that ran from January 1, 2007, through December 31, 2009.

According to the complaint, Friedman submitted a review of the Hugh Jackman actioner "Wolverine," that he viewed on the Internet before the 20th Century Fox film's release to theaters, and was dismissed for purportedly endorsing movie piracy by his actions.

Although not alleged in the complaint, Friedman has previously told NY Daily News gossip columnists and other media outlets that his dismissal over the "Wolverine" incident was pretextual and that his job loss was the result of pressure applied to the defendants by Hollywood heavyweights, including actress Kelly Preston, who wanted Friedman fired because he has been critical of Scientology in his column.

Friedman is represented by acclaimed First Amendment litigator Martin Garbus. The "dueling Rogers over Bucks" (Roger Friedman and Fox News President Roger Ailes) has The Huffington Post and blogmeister Gawker breathless with excitement, but it's doubtful the public will find a sympathetic horse in this race.

Senate Dems to Get Franken Privileges?

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The Minnesota Supreme Court today ruled that Al Franken is entitled to a certificate of election as U.S. Senator in the Nov. 4, 2008, election in which he bested incumbent Republican Norm Coleman by 312 votes.

In a per curium opinion In the Matter of the Contest of General Election held on November 4, 2008, for the purpose of electing a United States Senator from the State of Minnesota, Cullen Sheehan and Norm Coleman, contestants/Appellants v.Al Franken, contestee/Respondent (A09-697), the Minnesota Supreme Court rejected Coleman's challenge on due process and equal protection grounds, and affirmed the findings of the three-member panel of judges it appointed in Franken's favor (See "TUOL" post 6/1/09).

Though the court found that the 58-year-old Franken is entitled to the certificate of election needed to assume office, the opinion did not direct Republican Gov. Tim Pawlenty to sign the certificate. Pawlenty, an aspirant for the 2012 GOP presidential sweepstakes, has previously indicated he would sign the certificate if so ordered by the Court. No response as yet from the 59-year-old Coleman, whose camp previously has raised the possibility of appealing an adverse ruling to the federal courts. The parties have spent more than $50 million to date on the eight-month-long post-election skirmish.

Supreme Court Won't Hear Cablevision Case

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Wrapping up the 2008 Term today, the U.S. Supreme Court denied certiorari in Cable News Network, Inc., et al. v. CSC Holdings, Inc. (08-448).

The High Court's refusal, without comment, to hear the case lets stand the unanimous 3-0 ruling of the U.S. Circuit Court of Appeals for the Second Circuit, which overturned a trial judge, by deciding that the Dolan family-owned Cablevision Systems Corp.(CSC) would not infringe copyrights through its new television recording service. CSC will enable subscribers to store tv programs on CSC's computer servers, rather than on a hard-top box. Customers who do not have a digital video recorder (DVR) can rely on a remote storage DVR (RS-DVR) to store programs requested by the customers, who can retrieve them for viewing with a remote control and standard cable set-top box.

CNN, CBS Corp., The Walt Disney Co., General Electric, News Corp. and other video content providers are the big losers in the Court's decision not to disturb the 2d Circuit ruling. The video content providers, backed by groups as divergent as music companies, Major League Baseball, and the Screen Actors Guild, argued that cable companies such as CSC would be taking programs that they paid the providers to air on cable systems and misappropriating the programs for an additional unlicensed use via RS-DVR.

The Supreme Court denial of a writ of certiorari likely derails efforts by the content providers to seek additional licensing fees from CSC and their ilk. The case invited comparisons to Sony Corp. v. Universal City Studios, Inc. (464 U.S. 417 (1984)) in which the Supreme Court held that VCR makers could not be held liable for giving consumers the means to make cassettes of copyrighted programs broadcast on television.

Media Pros: YouTube Can Be a Journalist

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News Media heavyweights Katie Couric, Bob Woodward, and Nicholas Kristof are among the journalists who have lent their talents to a new YouTube venture designed to teach citizen journalists how to report the news.

YouTube, the Google-owned site on which subscribers share videos (often with disregard for copyright laws and good taste), launched youtube.com/reporterscenter this week that features online journalism training in a variety of subjects. Woodward, who combined with Washington Post cohort Carl Bernstein to become the "Woodstein" that brought down the Nixon Administration with their coverage of the Watergate scandal, presents a five-minute tutorial on investigative journalism. CBS Evening News anchor Katie Couric's contribution to YouTube are pointers on conducting a good interview. Kristof, the New York Times columnist, weighs in on being a foreign correspondent.
Other participants include Ariana Huffington, editor-in-chief of The Huffington Post Website, who addresses citizen journalism (because talking about how to get professional journalists to write for you for no money seems tacky).

YouTube is looking for experienced journalists to upload instructional videos. With the public increasingly looking to social media and other nontraditional sources for their news, it may be a case for these celebrity journalists of "if you can't beat 'em, join 'em."

Actual Malice Claim v. CBS May Proceed

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A U.S. District Court Judge for the District of New Mexico has ruled that a jury could find actual malice against CBS, giving the go-ahead to a defamation suit brought by a procurement assistant at Los Alamos National Laboratory.

The case, Lillian Anaya and Mel Anaya v. CBS Broadcasting, Inc., et al (No. 06-0476) involves several broadcasts alleging that Mrs. Anaya used $30,000 in government funds to purchase a customized Ford Mustang. The court allowed in part, and denied in part, the defendants' motion for summary judgment, holding that the plaintiffs could pursue punitive damages based on certain statements that aired in follow-up stories. In a 107-page opinion, the court also found that Mrs. Anaya, though initially a private individual when the accusations initially were broadcast, became, for defamation purposes, a limited public figure plaintiff in late 2003 and early 2004 because she sought out the news media to clear her name.

CBS reported that Mrs. Anaya was the target of an FBI probe for allegedly using a government credit card to purchase the Mustang. Court documents claim that an internal inquiry concluded that Mrs. Anaya provided the credit card information via fax to a Mustang dealership in the mistaken belief that she was ordering equipment from a government vendor, unaware that the vendor's phone number had changed and was now a car dealership.

The Court found that the CBS reporter in one story showed footage of a customized Mustang while doing a voiceover stating Mrs. Anaya purchased the vehicle with taxpayer money, despite evidence suggesting no car had been purchased and that the evidence, "supported, at most, an allegation she attempted to charge a car, and the attempt was stopped." The court will allow a jury to decide whetherr CBS intentionally took the report out of context.

Daily Star Spends It on Beckham

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Express Newspapers Group will pay David Beckham significant undisclosed damages and attorneys' fees in settlement of the 34-year-old English soccer star's defamation claim against 'The Daily Star' regarding an April 30, 2008, front-page story alleging that he "made a play" for Hungarian model Mariann Fogarasy.

Beckham did not appear in London's High Court where the settlement was announced. Counsel for the media defendant acknowledged that the story was untrue and "apologizes to Mr. Beckham and his family for the distress, embarrassment, and injury caused to him. "

The offending article featured the page 1 headline "Becks & the Blonde Beauty," and an inside heading on pages 4 and 5, "Topless model claims she was chatted up by footie star." The article claimed that following an AC Milan soccer match in Hungary, Beckham "made a play" for Fogarasy and continued to email her with "private invitations."

Beckham and his spouse, Victoria "Posh Spice," have reduced constant public attention and compensation unrelated, respectively, to goal-scoring or singing, to an art form.

The Never-ending Oscar Telecast

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The Academy of Motion Picture Arts & Sciences announced this week that the 82nd Academy Awards, which will be broadcast on ABC on March 7, 2010, will double the number of films vying for "Best Picture" honors to 10.

The nominees for Best Picture and other categories will be announced on February 2, 2010. Between 1932 and 1943, anywhere from 8 to 12 movies contended for the Best Picture Oscar. Since 1944, Academy voters have selected from among five nominees.

The Best Picture Oscar is the last award doled out during the hours-long telecast. "Slumdog Millionaire" captured the prize at the 81st Academy Awards ceremony, hosted by Hugh Jackman on Feb. 22, 2009. Nearly 37 million people watched the program, making the telecast the third-lowest rated since Nielsen began tracking the awards show in 1967.

Doubling only the Best Picture category means snubbing the directors of five nominated films in the Best Director category. With Hollywood producing fewer films and the sagging economy causing more Americans to turn to Netflix and cable movies, this may be Tyler Perry's best chance to cop an Oscar. It's enough to make an accountant at PricewaterhouseCoopers weep.

Blogger Busted for Alleged Death Threats to Judges

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FBI agents in North Bergen, N.J, yesterday arrested controversial Internet radio host and blogger Hal Turner for allegedly posting death threats against three judges sitting on the U.S. Circuit Court of Appeals for the Seventh Circuit.

Turner was scheduled to appear before a federal magistrate in Newark, N.J., today, but will be tried in Chicago following a criminal complaint issued in the U.S. District Court for the Northern District of Illinois charging him with threatening to assault and murder three federal judges with intent to retaliate against them for performing official duties. If convicted, the 47-year-old Turner faces a $250,000 fine and up to 10 years in prison, according to a press release from the office of U.S. Attorney Patrick Fitzgerald.

Authorities claim Turner was upset by the appellate court's unanimous decision on June 2 in National Rifle Assn. v. Chicago (No. 08-4241, 08-4243, 08-4244) that upheld a trial judge's dismissal of challenges to handgun bans in Chicago and suburban Oak Park, Ill. The opinion was written by Judge Frank Easterbrook, who allegedly was targeted by Turner, along with Judge Richard Posner and Judge William Bauer, who joined in the decision.

The criminal complaint alleges that on June 2, Turner wrote a Web post entitled "OUTRAGE: Chicago Gun Ban UPHELD," that discussed the decision and allegedly stated: "These judges deserve to be killed." The post alluded to another 7th Circuit case involving the murder of a judge's spouse and mother, allegedly stating: "Apparently, the U.S. 7th Circuit Court didn't get the hint after those killings. It appears another lesson is needed."

According to authorities, on June 3, Turner 's blog included an item listing the names, photos, work address, room numbers, and telephones numbers of the three judges, along with a photo of Chicago's Dirksen Federal Courthouse modified with arrows marking anti-truck bomb barriers.

Earlier this month, Turner was arrested in N.J. by Connecticut State Police and charged with the felony of inciting injury to persons based on blog postings that allegedly called for violence against two Connecticut lawmakers and a state official.

Facebook:The Movie

According to "Variety," David Fincher, director of the Oscar-nominated "The Curious Case of Benjamin Button" (2008) and cult classic "Fight Club" (1999), is in serious talks with Columbia Pictures to direct a film about the social network, Facebook.

"The Social Network," scripted by "The West Wing" creator Aaron Sorkin, chronicles the origins of Facebook in 2004 on the campus of Harvard by sophomore Mark Zuckerberg to the present-day 200 million-member powerhouse.

Given the 166-minute running time of "Benjamin Button," there are concerns that Fincher might film a scene about each of the social media's subscribers. One envisions the movie poster: "The first rule of Facebook is you don't talk about MySpace." Columbia Pictures is owned by Sony, which could provide for built-in product links in the movie.

Production is slated to begin later this year. Start "poking" your friends now.

MySpace, My Job!

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Social networking Web site MySpace, still reeling from a drop-off in ad revenues and by being dethroned by rival Facebook as the social networking site with the most worldwide users, will ax two-thirds of its international workforce, or 300 jobs.

Last week, MySpace laid off 400 employees in the U.S., so combined, has pared its total workforce by nearly 40 percent. About 150 international workers remain, along with approximately 1000 domestic employees. MySpace, which is owned by Rupert Murdoch's News Corp., Inc., hired former Facebook executive Owen Van Natta in April 2009, to run the company. MySpace reportedly will close at least four offices outside the U.S. and will center its foreign operations around London, Berlin and Sydney.

Murdoch paid $580 million for MySpace in 2005. Its ad revenues have been forecast to decline by 15 percent this year, while Facebook revenues are expected to climb 10 percent. Although lagging among international users, MySpace still attracts more users in the U.S. than Facebook, though demographically, it is bleeding older visitors and becoming the domain of rock bands. Since its inception, MySpace has been targeted to a wider audience, whereas Facebook originally was founded by Harvard students and formed for a more private community of Harvard students.

News Corp. reported an $89 million loss for the most recent quarter in the division that encompasses MySpace. News Corp. stock today is trading at $8.96 a share, down almost 44 percent in value over 52 weeks.

Spammer Going to the Can for Wire Fraud

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Notorious spammer Alan Ralsky, 64, and his 38-year-old son-in-law, Scott Bradley, were among five men who pleaded guilty this week in the U.S. District Court for the Eastern District of Michigan to conspiracy to commit wire fraud, money laundering, and violating the CAN-SPAM Act of 2003.

Pursuant to their plea agreement, Ralsky faces a $1 million fine and up to 87 months in prison, while Bradley also is subject to a $1 million fine and a maximum 78 months in prison under federal sentencing guidelines. Sentencing is scheduled for October 29, 2009.

A 41-count indictment was returned against the defendants in January 2008. The defendants were accused of engaging in a multimillion dollar international stock fraud scheme that illegally employed bulk commercial emails, or "spam," to drive up Chinese stock prices.

The 108th Congress in 2003 passed the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" or CAN-SPAM Act (15 U.S.C. sec. 7701, P.L.108-187) to regulate interstate commerce by imposing restrictions and penalties on the transmission of unsolicited commercial electronic mail via the Internet. Criminal provisions of the CAN-SPAM act forbid falsifying certain data used in transmitting emails.

Also pleading guilty were John Bown, William Neil, and James Fite, all of California. Ralsky's spamming activities led to his being sued in 2001 by Verizon Communications, Inc., with whom he settled a year later.

Author's 'View': Hasselbeck Copied Her Book

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Elizabeth Hasselbeck, co-host of ABC's gabfest "The View" and author of The G-Free Diet: A Gluten-Free Survival Guide, has been sued for copyright infringement in the U.S. District Court for the District of Massachusetts by self-published author Susan Hassett.

Hassett, author of Living with Celiac Disease, filed suit on June 22, seeking $3 million from the 32-year-old Hasselbeck and publisher Center Street Hachette Book Group (Case No. 1:2009cv11063). Hassett alleges that in April 2008, she sent Hasselbeck a copy of her book, along with a homemade cooking video, newspaper article and personal note, after learning that the tv host suffers from the autoimmune disorder. According to the complaint, Hasselbeck's best-seller reproduces lists of gluten-containing grains and otherwise allegedly includes numerous instances of paraphrasing and verbatim passages from Hassett's book, though the complaint cites no specific examples.

Hasselbeck has denied the accusation and her publisher released a statement dismissing the allegations as baseless, saying that it had yet to receive a copy of the complaint.

Hasselbeck, a Providence, Rhode Island native, has co-hosted "The View" since 2003. She has parlayed a 4th place finish competing on "Survivor: The Australian Outback" (2001) into a successful television career, appearing most recently on episodes of "Ugly Betty," "Entourage," and the movie "Tyler Perry's Medea Goes to Jail." She is married to NFL quarterback Tim Hasselbeck.

It falls on U.S. District Court Judge Joseph Tauro to separate the wheat from the chaff in this case.