Alex Johnson – Journalist at Large

Over at msnbc.com’s Open Channel blog, I have a follow-up to a story I did last year explaining how law firms threaten to sue people who allegedly illegally download porn — and out them as porn fans in court documents — unless they settle for a few thousand bucks.

One of those people has a new counter-strategy: She argues in a suit filed this week that porn is obscenity, and obscenity is ineligible for copyright. Therefore, porn can’t be copyrighted, so even if she did download it without paying — which she denies — it’s not “piracy” in the first place:

Open Channel: Internet piracy suit asks: Can you even copyright porn?

Do you think that’s a legitimate argument? Read the full piece and let me know in the comments.