Web Host May Be Liable for Removing Only 1 of 3 Websites Operated by Its Customer–Hermeris v. Brandenburg
By Eric Goldman Hermeris v. Brandenburg, 2:10-cv-02531-JAR -KMH (D. Kan. Jan. 23, 2011) This is yet another web hosting copyright infringement case where the 17 USC 512 safe harbors aren’t discussed. (For other recent examples, see Rosen v. Hosting Services…
Free-to-Consumers Ad-Supported Website Isn’t Illegally Priced–Cammarata v. Bright Imperial
By Eric Goldman Cammarata v. Bright Imperial Ltd., 2011 WL 227943 (Cal. App. Ct. Jan. 26, 2011). The complaint. The trial court ruling. If you can’t compete with free, can you litigate it away? Kevin Cammarata ran subscription-based porn sites…
Speakers Announced for “47 U.S.C. § 230: a 15 Year Retrospective” Conference, March 4, SCU
By Eric Goldman On February 8, 1996–just about 15 years ago–President Clinton signed into law the Telecommunications Act of 1996, a lengthy law with significant implications for the entire telecommunications industry. As Justice Stevens wrote in Reno v. ACLU (1997),…
Another Copyright Owner Sent a Defective Takedown Notice and Faced 512(f) Liability–Rosen v. HSI
By Eric Goldman Rosen v. Hosting Services, Inc., 2010 WL 5630637 (C.D. Cal. Aug. 16, 2010). [This case just showed up for me in Westlaw. It’s not a major case but it’s worth a brief note even 5 months later]…
Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review
By Eric Goldman Earlier this Fall, I posted my top 8 trends in Internet law, and that’s a good place to start if you want to see how I think things are developing. Because of that post, this year I’m…
Nursing School Can’t Expel Students for Posting Photo to Facebook–Byrnes v. Johnson County CC
By Eric Goldman Byrnes v. Johnson County Community College, 2011 WL 166715 (D. Kan. Jan. 19, 2011). The complaint. You’ve probably already heard about this case. Four nursing students posted photos of a patient’s placenta to Facebook, and the school…
Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
By Eric Goldman Elsevier Ltd v. Whois Privacy Protection Service, Inc., 1:11-cv-10026-RGS (D. Mass. injunction dated Jan. 14, 2011). See the TRO from Jan. 6 and the complaint. On the surface, this seems like a run-of-the-mill copyright enforcement. The plaintiffs…
Second Life Gets Out of Dispute Between Virtual Bunnies & Virtual Horses
By Eric Goldman Amaretto Ranch Breedables v. Ozimals, 3:10-cv-05696-CRB (N.D. Cal.). The Justia page. The case library: * Linden Lab’s opposition to the preliminary injunction * Ozimals’ non-opposition to the preliminary injunction * Amaretto’s preliminary injunction motion * The preliminary…
thedirty.com’s 47 USC 230 Defense Rejected on Motion to Dismiss–Jones v. Dirty World Entertainment
By Eric Goldman Jones v. Dirty World Entertainment, 2011 WL 221836 (N.D. Ky. Jan. 21, 2011). The complaint. On occasion I’ve ended up at thedirty.com. It’s not my kind of site, but clearly I’m not the target audience. Given its…
The Next Digital Decade Book Launch and Event Recap
By Eric Goldman I’m pleased to call your attention to a new book called “The Next Digital Decade: Essays on the Future of the Internet,” edited by Berin Szoka and Adam Marcus of TechFreedom. This is a truly remarkable book….