Copyright Office Gratuitously Kills the DMCA Safe Harbor For Thousands of Websites

This story has been like watching a train wreck in slow motion. In 2011 (yes, over 5 years ago), the Copyright Office announced that it was going to transition the designation of DMCA safe harbor agents from paper to electronic….

How Will Courts Handle A “Poor Man’s Copyright”?

I recently came across a complaint (in Vernon v. CBS) referencing a “poor man’s copyright,” and I couldn’t recall seeing the term in a legal filing or document before. This made me curious about whether any courts had discussed the…

Celebrating Judge Ronald Whyte's Contributions to Internet Law

Celebrating Judge Ronald Whyte’s Contributions to Internet Law

As you may know, Judge Ronald Whyte is retiring from the Northern District of California. Last week, a symposium at Stanford celebrated his contributions to IP law, especially patent law. The Recorder’s writeup. My photo album. Judge Whyte’s Contributions to…

Ad Network Defeats Secondary Copyright Claims–ALS Scan v. JuicyAds

The plaintiff is this case is well-known pornographer/litigator ALS Scan. Today’s case involves an ad network, Tiger Media, which runs the JuicyAds network catering to pornography websites. ALS Scan’s real targets are alleged “pirate Internet sites” with names like imghili.net;…

Redfin Defeats Copyright Claims Due to MLS License Agreement

Redfin Defeats Copyright Claims Due to MLS License Agreement

This is a copyright lawsuit over real estate photos. This genre of litigation has surprising vitality! Stross is a photographer and broker who participates in multiple listing services (MLSs).He alleges that Redfin infringed because (1) it used “Stross’s photographs of sold…

Copyright Owner Denied Attorneys' Fees In Suit Against Popcorn Time User--Cobbler v. Doe

Copyright Owner Denied Attorneys’ Fees In Suit Against Popcorn Time User–Cobbler v. Doe

This lawsuit involves the unauthorized download of a 2015 Adam Sandler movie, The Cobbler. The court says The Cobbler has been illegally downloaded 10,000 times in Oregon alone. WTF? I can’t wrap my head around the fact *anyone* chose to…

Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore

BWP Media is a celebrity photo agency and a repeat online copyright plaintiff. Polyvore is…well, I don’t really get what they do. They say the site “is a new way to discover and shop for things you love in fashion,…

Was Melania Trump’s Plagiarism Also Copyright Infringement? (Guest Blog Post)

By Guest Blogger Tyler Ochoa The first night of the Republican National Convention generated quite a bit of controversy, as Melania Trump was accused of plagiarizing a key passage in her speech from a similar passage in Michelle Obama’s speech…

Ted Cruz’s Presidential Campaign Apparently Committed Copyright Infringement. Oops.

I know it may be my own idiosyncratic and romanticized view of governance, but I hold politicians to a higher standard when it comes to knowing, and complying with, the law. After all, if the people in charge of making…

Vimeo’s Second Circuit DMCA Safe Harbor Win Over Capitol Records

This is an important DMCA safe harbor opinion. It’s from the Second Circuit, an influential court, and it extends the Second Circuit’s 2012 key Viacom v. YouTube ruling in important ways. Still, the DMCA safe harbors remain defectively designed, and…