DMCA 512(c) Formalities Strike Again--BWP v. Hollywood Fan Sites

DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites

I previously blogged this case, so see my earlier post for background. This week’s ruling focuses purely on the 512(c) safe harbor’s requirement that online services designate an agent for service of notice with the Copyright Office. Defendant #1 can…

Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

Copyright * The dominant media storyline about the Mayweather-Pacquiao boxing match was the fight’s widespread illicit availability on the livestreaming apps Periscope and Meerkat. But this should have been the dominant storyline instead: An estimated 4.4 million viewers paid a…

eBay Must Disclose User Identities In Response To 512(h) Subpoenas

eBay Must Disclose User Identities In Response To 512(h) Subpoenas

Barry Rosen is a photographer (especially of dogs) and repeat copyright enforcer (see, e.g., our previous coverage of his litigation here and here). His lawsuit against eBay produced an interesting 512 safe harbor ruling earlier this year. Meanwhile, eBay and…

A Fishy Jurisdiction Ruling Involving Mobile Apps--Tomelleri v. MEDL

A Fishy Jurisdiction Ruling Involving Mobile Apps–Tomelleri v. MEDL

For those of you who teach the Zatarain’s v. Oak Grove Smokehouse trademark case, you know how much I wanted to stock this blog post with fish puns. Joseph Tomelleri draws fishes, and he sells his illustrations via his website…

California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)

California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)

By guest blogger Tyler Ochoa On Tuesday, May 5, an eleven-judge en banc panel of the Ninth Circuit held that California’s Resale Royalty Statute, Civil Code § 986, could not Constitutionally be applied to sales of works of art that…

Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)

Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)

Copyright * Comments on Blurrred Lines jury verdict. NY Times. Raustiala & Sprigman. The defense attorney. Tim Wu. Eriq Gardner. Wendy Gordon. Judith Finell musicologist’s expert report.  NY Times: “Owing to the specifics of copyright law, the jury was instructed to base…

More Section 230 Cases Than I Can Handle!

More Section 230 Cases Than I Can Handle!

My cup runneth over with Section 230 cases! This long blog post catches up on a few from the past couple months. Warning: there are some stinkers in this batch. Google, Inc. v. Hood, 2015 WL 1546160 (S.D. Miss. March…

What Bothers Brussels: Geoblocking on the Front Burner of the EU Commission (Guest Blog Post)

What Bothers Brussels: Geoblocking on the Front Burner of the EU Commission (Guest Blog Post)

By guest blogger Marketa Trimble In 2012, when my article on the legal implications of the evasion of geolocation was published, the topic concerned an obscure problem that was of interest to few internet users – not many people were…

QVC Can't Stop Web Scraping--QVC v. Resultly (Forbes Cross-Post)

QVC Can’t Stop Web Scraping–QVC v. Resultly (Forbes Cross-Post)

“Web scraping,” also called crawling or spidering, is the automated gathering of data from someone else’s website. Scraping is an essential part of how the Internet functions. For example, Google uses web scraping to build its search database worth hundreds…

Court Rejects Bizarre Attempt To Scrub Consumer Review--Goren v. Ripoff Report

Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report

I previously blogged about this matter (see also Venkat’s update). A Massachusetts attorney, Goren, was unhappy about a user review of his law firm posted to Ripoff Report, which is well-known for not removing user posts. The plaintiffs sued the…