Second Circuit Says No First Sale Doctrine for Works Manufactured Outside the U.S. — Wiley & Sons v. Kirtsaeng
[Post by Venkat Balasubramani] Wiley & Sons, Inc. v. Kirtsaeng, 09-4896-cv (2nd Cir. Aug. 15, 2011) Wiley asserted copyright infringement claims against Kirtsaeng, who imported into the United States and sold “foreign editions” of Wiley textbooks. The books had legends…
Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
By Eric Goldman Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011). Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a…
Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
By Eric Goldman Online copyright cases have been coming at such a furious pace that I haven’t had a chance to keep up. This blog post wraps up the last 4 months of decisions. Arista Records v. Myxer, Inc., 2:08-cv-03935-GAF-JC…
P2P Swarm Defendants Can’t Be Joined in the Same Lawsuit — Pac. Century Int’l Ltd. v. Does
[Post by Venkat Balasubramani] Pacific Century International Ltd. v. Does, C-11-02533 (DMR) (N.D. Cal. July 8, 2011) There have been a slew of recent procedural rulings in mass copyright cases, with plaintiffs mostly getting smacked down by courts. Plaintiffs have…
The “Graduated Response” Deal: What if Users Had Been At the Table? (Co-Authored Post)
[Cross-posted to EFF’s Deeplinks as well as here] By Corynne McSherry and Eric Goldman As was widely reported last week, several major internet access providers (including, very likely, yours) struck a deal last week with big content providers to help…
17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Ozimals
By Eric Goldman Amaretto Ranch Breedables, LLC v. Ozimals, Inc., 2011 WL 2690437 (N.D. Cal. July 8, 2011). I generally like furry critters, but I’m beginning to hate the virtual horses and virtual bunnies for their deleterious effect on Internet…
Comments on the Second Circuit Hot News Decision–Barclays v. theflyonthewall [Catch up post]
By Eric Goldman Barclays Capital Inc. v. Theflyonthewall.com, Inc., 10-1372-cv (2d Cir. June 20, 2011). My prior blog post on the case. [I was traveling in mid-June and a few interesting rulings fell through the cracks. This is a catch-up…
Righthaven Defendant Awarded $3,800 in Attorneys’ Fees–Righthaven v. Leon
By Eric Goldman Righthaven, LLC v. Leon, 2011 WL 2633118 (D. Nev. July 5, 2011). My most recent post on Righthaven. Judge Navarro ordered Righthaven to pay $3,815 to the attorneys for one of its defendants, Michael Leon. This award…
“Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference
By Eric Goldman In June, I attended the St. Petersburg International Economic Forum (“SPIEF”), organized by the Russian government’s Ministry of Economic Development. This was a major event drawing thousands of participants to St. Petersburg, including the heads of state…
June 2011 Quick Links, Part 1 (Copyright & Trademark Edition)
By Eric Goldman Copyright * Good news: the US government is funding alternative networks that dissidents can use to communicate when the Internet is censored by repressive regimes. Bad news: the US government is teaching the rest of the world…