Fair Use Protects Video Republication To Demonstrate Speaker's Inconsistent Statements--Caner v. Autry

Fair Use Protects Video Republication To Demonstrate Speaker’s Inconsistent Statements–Caner v. Autry

As recounted by the court’s order, Caner was raised in Ohio. His father was a devout Muslim. After his parents divorced, Caner “spent weekend visitation at the mosque in Columbus, Ohio.” At some point, Caner started attending a church and…

Another Attempt to Scrub Unflattering Posts Fails

Another Attempt to Scrub Unflattering Posts Fails

This is another social media defamation case. (Last week’s edition: Another Questionable IP Lawsuit Over a Derogatory Twitter Account.) Plaintiffs were husband and wife. One of the plaintiffs (Hassan Miah) was involved in a business dispute involving a business he founded…

Defendant Gets Attorneys' Fees For 'Frivolous' DMCA Copyright Management Information Claim

Defendant Gets Attorneys’ Fees For ‘Frivolous’ DMCA Copyright Management Information Claim

In March, a district court in Virginia examined in-depth the justifications for awarding attorney’s fees with respect to weak copyright and DMCA claims. Background Ross Builder and Boathouse Creek Graphics (BCG) are custom home designers. In 2010, Ross filed a…

Q1 2014 Quick Links, Part 1 (IP)

Q1 2014 Quick Links, Part 1 (IP)

Copyright * Perfect 10, Inc. v. Giganews, Inc., No. 11-7098 (C.D. Cal. Jan. 29, 2014). Upholding Giganews’ policy of terminating repeat infringers. The ruling also is critical of Perfect 10′s method of sending takedown notices, saying that Perfect 10 may have had…

Internet Law Professors File Amicus Brief in 'Innocence of Muslims' Case--Garcia v. Google

Internet Law Professors File Amicus Brief in ‘Innocence of Muslims’ Case–Garcia v. Google

I’m sure you are familiar with Garcia v. Google, the copyright lawsuit against YouTube over the Innocence of Muslims video that led to a fatwa being issued against Garcia, an actress in the movie. In a truly awful opinion from…

Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230

Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230

Goren is a lawyer. Dupont made a less than flattering post about Goren to the Ripoff Report site, which is famous for not removing posts even at the request of the author. (Ripoff Report is one of the most successful…

IP Battle Between Jumpy House Manufacturers Isn't Bounced - WhatRU Holding v. Bouncing Angels

IP Battle Between Jumpy House Manufacturers Isn’t Bounced – WhatRU Holding v. Bouncing Angels

At any moment, a product manufacturer can find itself trapped in a tangled nightmare of IP infringement claims. In WhatRU Holding, LLC v. Bouncing Angels, Inc., a district court in Minnesota found personal jurisdiction over a defendant company that sold…

Court Spoils “Banana Lady's” Appeal Over Online Recordings of Her Act

Court Spoils “Banana Lady’s” Appeal Over Online Recordings of Her Act

Catherine Conrad is the “Banana Lady” (see her Facebook photos) who delivers singing birthday telegrams. I didn’t know such things still exist, but perhaps they do in the Midwest (she’s based in the Madison, Wisconsin area). For reasons the court…

CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress

CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress

Gardner is a wildlife photographer. He sued CafePress and Beverly Teall alleging that Teall sold a product through CafePress displaying one of Gardner’s images. While only one image was at issue in the operative complaint, prior to mediation, plaintiff’s counsel…

Court Blesses Instagram's Right to Unilaterally Amend Its User Agreement--Rodriguez v. Instagram

Court Blesses Instagram’s Right to Unilaterally Amend Its User Agreement–Rodriguez v. Instagram

Instagram revised its terms of service in December 2012. The revisions (1) stated that Instagram was disclaiming “ownership of content” posted by users, as opposed to disclaiming “any ownership rights in content” posted by users; (2) broadened the scope of…