New Essay Comparing “Due Process” Approaches in the DMCA and DSA
…Act (DMCA) created online safe harbors (17 USC 512) that provide several due process-like protections for user-authors. This essay identifies some of those due process elements, compares them to the…
Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog
…Print-on-Demand Website–Harley Davidson v. SunFrog * DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. Zazzle * CafePress May Not Qualify For 512 Safe Harbor –…
Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels
…such a broad principle. DMCA Safe Harbor. The court says Pixels’ 512(c) defense isn’t apparent on the face of the plaintiff’s complaint. Publicity Rights. Among other things, Pixels argued that…
Reaction Videos Are Fair Use–Thiccc Boy v. Swindelles
…appears to be gone). Swindelle made and posted reaction videos to YouTube that included portions of Thiccc Boy’s podcasts. Thiccc Boy sent 512(c)(3) takedown notices to YouTube; Swindelles counternoticed. Thiccc…
Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox
…employment, education, engagement with government services, safety, and more. But without 512(a) protection, IAPs can be in existential peril. Cox previously lost the DMCA 512(a) battle in the BMG case….
The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)
…legislation on intermediaries is an avant-garde, progressive innovation that leaves behind the outdated U.S. sections 230 and 512 is, understandably, subject to debate. Because it applies to all intermediaries that…
Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Printify
…Not Qualify For 512 Safe Harbor – Gardner v. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit…
N.D. Cal. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. YouTube Schedule A Defendants
…DRM to explain its bases for jurisdiction and joinder or else the case will fall apart. Jurisdiction. Four defendants submitted 512(g) counternotifications and thus agreed to jurisdiction in YouTube’s home…
Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v. Alibaba
…to those circumstances–any other allegations should have been dismissed. This court also rejects any 512 defense, saying it’s an affirmative defense and its application isn’t clear from the complaint’s allegations….
2023 Quick Links: IP, Keyword Ads
…Tierra Caliente Music Group, S.A., 2023 WL 8480096 (S.D. Tex. Sept. 29, 2023). 512(f) case in the context of an ownership dispute is sent to a jury. “Defendants present some…