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Abstract

This Note will investigate how individuals attempt to use copyright law, instead of seeking damages for emotional distress or privacy, by using Garcia I and Garcia II as examples. Part I will provide background on Garcia I and Garcia II, the facts leading up to the lawsuit, the first decision and the criticism surrounding it, and the second decision. Part II will discuss what other legal methods Garcia may have used to achieve the same result and potentially obtain the same relief if she decided not to sue for copyright infringement. Part III will look beyond Garcia I and Garcia II at other types of situations where plaintiffs feel their best legal strategy is to sue for copyright infringement, even though their suits are more akin to defamation or privacy lawsuits, as a result of the protections for online hosts created by the Communications Decency Act.

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