Wednesday, October 8, 2014

Google to Shut down Linda Ikeji’s Blog? Tech Giant Cracks Down on Celebrity Blogger Over Claims of Copyright Infringement


By Uduak Oduok

When we began this year, 2014, I asked if this was the year that Linda Ikeji would get sued. I said from tort claims to intellectual property issues, Linda Ikeji has helped create such awareness about the law, at least from the stand point of what I do here on www.africamusiclaw.com. If someone is not accusing her of defamation, someone else is claiming she infringed on their intellectual property. I also said she should consider having  a lawyer who can advise her as well as fight those who will inevitably come after her, given she now has deep pockets i.e. makes a lot of money. Welcome to B.I.G’s throwback hit single ‘The Mo’ Money, the Mo’ Problems,’ featuring “Puff” Daddy and Mase.

That question I began with at the beginning of the year is raised, yet again, with a recent claim of copyright infringement by a journalist with the twitter handle ‘AyeDee.’ He claims he flagged Google, a California based company and owners of Blogger, the publishing platform Linda Ikeji uses, about alleged plagiarism/copyright infringement of his works on Linda Ikeji; and that Google has taken them down, along with other infringing works of other authors.

As to Aye Dee’s citation of the Getty case in his tweet below, let’s not get too excited here. The Defendants were sued and did not even bother showing up to defend their case. When you fail to show up, you get what is called an automatic default judgment as a matter of procedure, not because the case is fought on the merits. You can always petition the court to reverse that default judgment; although it seems like the Defendants in the Getty case cited by Aye Dee didn’t even bother, not unusual when lawsuits come knocking. Not everyone can handle legal battle well. In fact, most people don’t handle legal battle well.

I think a better case or analogy would be the case where a Haitian Photographer sued Getty Images and won. That case really stirred the publishing industry and the world at large and I think is a much better analogy, not some case where the Defendants don’t even show up to the battle field.

    Points to note: Linda Ikeji is said to generate an income from her blog of about  $900,000 (N140m) annually. These monies are from advertisements and sponsored posts.

    AML TIP: LINDA IKEJI’S mistake?

    1. Not incorporating as a business to shield her from personal liability. If she is sued now, her cars, houses, and other personal assets will be hit. Incorporating your business protects your personal assets. Folks be sure to review my article on Nigerian Company Law to learn how to incorporate your business in Nigeria. Also watch my video below on the Sahara TV show to learn more about what I speak of.

    2. Not having her own self hosted platform. If her violations are where Google believes there is no redemption, since it is claimed there are several authors with infringing works on her platform , then her blog could be deleted by Google, just like that.
   
 AML Archived Docket of Linda Ikeji Cases

    ASK MS. UDUAK: In this episode of The Africa Music Law Show with Ms. Uduak, Ms. Uduak takes on the heated debate sprung on by bloggers Sugabelly and Celebrity blogger Linda Ikeji. Sugabelly was an invited host for the No Holds Barred interactive (NHBi) Twitter chat, an ongoing one year twitter chat forum focused on relationships. To kick off the discussion on the selected topic ‘Woman count’ she revealed she had been with 13 sexual partners. Celebrity legal blogger Linda Ikeji shared that tweet among others on her platform. This resulted in Sugabelly and NHBi asking that she take it down and Sugabelly arguing copyright law protects her tweets including the one revealing the amount of sexual partners she has had. Is she right? Find out as California based fashion and entertainment lawyer Uduak Oduok (Ms. Uduak) takes on this hot topic.

AML Archived Alleged Claims Against Linda Ikeji Continued:

1. Suga Belly v. Linda Ikeji (Alleged Copyright Infringement)

2. 9ice v. Linda Ikeji (Alleged copyright infringement)

3. Olamide v. Linda Ikeji (Alleged Defamation)

4. RMD v. Linda Ikeji  (Alleged Defamation)

5. Egor Efiok v. Linda Ikeji (Alleged Defamation)

6. Toke Makinwa (via Toni Payne) v. Linda Ikeji  (Alleged Defamation/Misrepresentation)

7. Jim Iyke v. Linda Ikeji  (Alleged Defamation/Misrepresentation)

8. Eva Alordiah v. Linda Ikeji (Alleged Invasion of Privacy, Misrepresentation)

9. Flavour’s Alleged Girlfriend Oyinye v. Linda Ikeji

10. Susan Peters v. Linda Ikeji

11. Dencia v. Liz Garvy v. Linda Ikeji (invasion of privacy claim)

12. Yvonne Nelson v. Linda Ikeji (Alleged Defamation)

13. Elnathan John v. Linda Ikeji (Alleged copyright infringement)

Culled from http://africamusiclaw.com

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