Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
By Eric Goldman Copyright * Costco v. Omega (E.D. Cal. Nov. 9, 2011). On remand after the disappointing non-result from the Supreme Court in this case, the district court gives Costco a decisive win, holding that Omega engaged in copyright…
UGC Website Hit With Spoliation Sanctions–Io v. GLBT
By Eric Goldman [This is one of those blog posts that got stuck in queue. It’s still pretty interesting, so I’m sharing at this relatively late date. Happy new year!] Io Group Inc. v. GLBT Ltd., 2011 WL 4974337 (N.D….
Why Are Korean Copyright Owners Suing an Australian Infringer in San Jose, California?
By Eric Goldman DFSB Kollective Co., Ltd. v. Tran, 2011 WL 6730678 (N.D. Cal. Dec. 21, 2011) In light of SOPA, I am paying closer attention to transborder copyright and trademark enforcement actions. After all, SOPA is designed to redress…
UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness
By Eric Goldman UMG Recordings, Inc. v. Shelter Capital Partners LLC, 2011 WL 6357788 (9th Cir. Dec. 20, 2011). My prior blog posts on district court rulings on Veoh’s 512(c) safe harbor and attorneys’ fees/Rule 68. Make no mistake, web…
Infringing Download Without Further Infringement Only Supports Lost License Fee–Real View v. 20-20
By Eric Goldman Real View LLC v. 20-20 Technologies, Inc., 1:07-cv-12157-PBS(D. Mass. Sept. 21, 2011). The jury verdict form. A June 2011 ruling with more background. Copyright damages may not seem like the sexiest topic, but the reality is that…
Academic Literature Recap, Q4 2011
By Eric Goldman I’m mired in grading heck, slogging my way through 146 exams. As a result, blogging has taken a back seat. I have several key items to blog, including the UMG v. Shelter Capital and Ascentive v. Opinion…
Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements
By Eric Goldman With all of the focus on SOPA/PIPA/OPEN, it’s easy to lose sight that a Copyright Office proposal seriously jeopardizes the 17 USC 512 online safe harbors for many service providers. Specifically, the Copyright Office proposes to expire…
If You Dislike SOPA, You’ll Dislike This Case Too–True Religion v. Xiaokang Lei
[Post by Venkat Balasubramani, with comments from Eric] True Religion v. Xiaokang Lei (S.D.N.Y.) (TRO; Nov. 18, 2011) (Prelim. Injunction; Dec. 2, 2011). The initial complaint. We recently blogged about a case where Chanel obtained surprisingly broad remedies against domain…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
By Eric Goldman Sen. Wyden and Rep. Issa have released a draft of OPEN: Online Protection & ENforcement of Digital Trade Act, intended as an alternative to SOPA/PROTECT-IP. See my prior posts opposing SOPA and linkwrapping the discussion. Unlike SOPA’s…
I Don’t Heart SOPA or PROTECT-IP: A Linkwrap
By Eric Goldman Venkat and I have been covering SOPA and related topics. In case you missed our posts: * Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act * Court OKs Private Seizure of Domain Names Which Allegedly…