Announcing the 2023 Edition of My Internet Law Casebook
…Note About Fair Use Cartoon Network v. CSC (2d Cir.) MGM Studios v. Grokster (Sup. Ct.) Secondary Liability Review: 17 U.S.C. §512 [http://www.copyright.gov/title17/92chap5.html#512] Overview of Section 512(c) UMG v. Shelter…
Copyright Owner Can Proceed with Vicarious Infringement Claim Against eBay–Okolita v. eBay
…to dismiss on the copyright safe harbor found in § 512(c), that entails a separate inquiry that arises in the context of an affirmative defense. Although the current record establishes…
Ninth Circuit Highlights the Messy Law of Contributory Trademark Infringement Online–YYGM v. RedBubble
…required notice of “specific instances of infringement” isn’t detailed. Compare the elements of a DMCA copyright takedown notice in 512(c)(3), which thwarts a lot of copyright owner bluster and misdirection….
Class Certification Denied Over Rightsowners’ Demands for Content ID Access–Schneider v. YouTube
…court engages in a rare discussion about the “penalty of perjury” language in 512(c)(3): “It is true that a takedown notice must be made under penalty of perjury, but that…
Ill-Advised Attempt to Blow Up the DMCA Online Safe Harbors Unsurprisingly Fails–Athos v. YouTube
…a conception of knowledge would contradict the plain mandate of § 512(m).” The plaintiff tried to get around this by saying that, in its DMCA notice, it generically asked YouTube…
DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites
…court is adopting a test that the Ninth Circuit could walk away from imminently. 512 Safe Harbor CBM also argued that it qualified for the 512(c) safe harbor, but this…
Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps
…Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v. Longarzo * Another 512(f) Case…
Services Aren’t Liable for Ignoring the DMCA’s 512(g) Counternotification Procedures–Hopson v. Google
…follow 512(g)’s preconditions. No matter. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. It merely denies…
You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas
…tortious interference claim will be dismissed. You can’t win with 512(f), you can’t win without it. ¯\_(ツ)_/¯ * * * Prior Posts on Section 512(f) * 512(f) Plaintiff Must Pay…
Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
…Flores v. Mitrakos. Unlike most of the CCB cases to date, this case involves Section 512(f), the DMCA cause of action for bogus takedown notices. Consistent with the CCB’s small…