The Subtweet Defense Wins: Elon Musk Cleared In Defamation Case

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A little over a year ago when cave diver Vern Unsworth sued Elon Musk for defamation, we noted that (unlike many defamation cases), it did not appear to be an out-and-out SLAPP case. That said, we noted that many of the claims in the lawsuit did not look to be about defamatory speech at all, and that would make much of the lawsuit an uphill battle. The part that appeared to be the most problematic for Musk, however, was the emails he had sent to Buzzfeed reporter Ryan Mac after the initial tweets, in which he made more detailed accusations, including what appeared to be factual statements implying deeper knowledge about Unsworth.However, as the case played out, Unsworth dropped any defamation claims regarding the emails. It appears that Musk had hit back on those claims by suggesting that if they were defamatory, they were actually Buzzfeed defaming Unsworth, since it was Buzzfeed that had published Musk's quotes. Perhaps to avoid getting bogged down in that fight, Unsworth's legal team chose to focus just on the tweets, and not the email -- even though the email seemed to go closest to the line (if not over) of defamation. Musk's legal team still then asked for the Buzzfeed emails evidence to be excluded from any damages calculation, which the judge allowed. In the end, the focus was just on his tweets, and that allowed for a courtroom explanation of how insults fly freely on Twitter, suggesting that most people engaged on Twitter know better than to take random accusations and insults as factual statements.In the end, the jury sided with Musk with the reasoning more or less being the "subtweet defense." Because Musk didn't directly name Unsworth in his tweets, they couldn't reach the high bar of defamation:

One juror told BuzzFeed News the decision came down to the notion that a reasonable person could not read Musk's "pedo guy" tweet and determine that it was associated with Unsworth. The judge laid out five points for defamation as soon as we got to point two, which was about being acquainted [with the defamed person], we decided, said Carl Shusterman, a Los Angeles attorney who served on the jury. The people that read Musk's tweet wouldn't have known who he was talking about.

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Russia Blocks All Of Shutterstock Due To 'Offensive' Image Involving The Russian Flag

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We've talked quite a bit over the years about Rozcomnadzor, the Russian agency in charge of policing the internet for copyright infringing content... and really anything else that the Russian government decides it doesn't like. The agency operates exactly as deftly as you would expect, routinely blocking entire sites that are in regular use in Russia over a tiny percentage of "illicit" use. The problem, of course, is that Rozcomnadzor often interprets "illicit" uses of the internet to mean embarrassing public Russian figures with ties to the government, criticizing the government itself, or using basic internet security tools such as VPN to keep the Russian government out of one's internet use. This makes it all the more infuriating that American groups such as the MPAA have happily signed on with the Russian agency in an effort to protect copyright content, despite the agency's more widespread aims.It keeps happening. Recently, stock photo site Shutterstock -- all of it -- suddenly appeared on the Russia banned sites list. You might be assuming that this is a copyright issue, but it isn't.

However, those who visit the URL detailed at the top of the notice will find what appears to be an image of a Russian flag placed in the middle of a pile of excrement. Russian authorities do not take kindly to their national symbols depicted in such a fashion and have laws in place to prevent it.As a result, Russian ISPs are now blocking two Shutterstock-related IP addresses (one in Germany, one in the Netherlands) which are both operated by cloud company Akamai. Whether other sites using the same IP addresses are also being affected is currently unclear.For good measure, Russia is also targeting the image.shutterstock.com domain. As highlighted by Russian digital rights group Roskomsvoboda, which first reported the news, this is particularly problematic since rather than tackling just a single URL, a whole HTTPS subdomain is in the register.

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