Cease and Desist from YouTube to TechCrunch

Mike Arrington is reporting that he’s received a cease and desist letter from YouTube. Mike writes: “Buried in my email this evening I found a cease and desist letter from an attorney at Wilson Sonsini Goodrich & Rosati, representing their client YouTube. We’ve been accused of a number of things: violating YouTube’s Terms of Use, of “tortious interference of a business relationship, and in fact, many business relationships,” of committing an “unfair business practice,” and “false advertising.” The attorney goes on to demand that we cease and desist in from engaging in these various actions or face legal remedies.”

The key issue here seems to be the ability to use a Terms of Use to override other rights that the public might have. Lessig has more. At least this one should be a fair fight, if Mike decides to take it on; in addition to his clout and being on the side of the angels, Mike used to work for the firm that sent him the C&D.

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