Don't Post This Cease-and-Desist Letter, Or Else

DirectBuy is a company that claims to offer a deal on furniture and home supplies by letting consumers buy directly from the manufacturer. Apparently, the company doesn't want you to hear from customers who don't think the deal is such a good one.

Nevertheless, DirectBuy's lawyer, Donald Morris, relies on an extraordinarily broad reading of the Ninth Circuit's decision in Fair Housing Council v. Roommates.com to claim that InfomercialRatings.com is liable for "encourag[ing] and solicit[ing] defamatory statements." Even worse, Morris threatens to file suit in Canada, because DirectBuy does business there in addition to the United States. And, to top it off, he claims that his threat letter is copyrighted, and that to post it online would give rise to copyright liability.

First, the letter is not registered with the copyright office, and until it is, DirectBuy's law firm can't sue to enforce it. Second, posting the letter is a clear example of fair use.