Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram

…reverse Perfect 10 v. Amazon. The district court can’t and won’t do that: “this Court must faithfully apply Perfect 10 absent a contrary Ninth Circuit or Supreme Court ruling.” The…

Court Casts Doubt on the Legality of the Data Brokerage Industry–Brooks v. Thomson Reuters

…and related claims. The court denies TR’s motion to dismiss–in a ruling with potentially vast implications. Publicity Rights. TR claimed its dossiers didn’t “use” the plaintiffs’ identity, citing Perfect 10

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

…fielded: Sinclair raised the server rule as recognized by Perfect 10. The court rejects this approach, saying the Ninth Circuit’s approach relegates the display right to a “subset of the…

Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account–Long v. Dorset

…didn’t pertain to IP, and Section 230 would preempt state IP claims anyways (Perfect 10 v. ccBill). Case Citation: Long v. Dorset, 2021 WL 1590391 (9th Cir. April 23, 2021)…

U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)

…Kelly v. Arriba Soft Corp., 336 F.3d 811 (9th Cir. 2002), and it ultimately affirmed the propriety of Google’s conduct. Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th…

IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v. Redbubble & More

…raises an obvious Section 230 issue. In the 9th Circuit, per Perfect 10 v. ccBill, online marketplaces aren’t liable for publicity rights violations caused by their sellers (unless the Homeaway…

Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. United Sports

…Twitter/Twitpic Terms of Service — AFP v. Morel Ninth Circuit Opinion in Perfect 10 v. Google and Amazon We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos…

It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla

…equally to online music streaming services such as Spinrilla’s, Spinrilla argued that it lacked volition. The court distinguishes Spinrilla’s cited cases (Hotfile, Perfect 10 v. Giganews, BWP v. T&S, and…

We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos

…Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v. Morel Ninth Circuit Opinion in Perfect 10 v. Google and Amazon…

Data Center Avoids Copyright Liability By Forwarding DMCA Notices to Its Customer–ALS Scan v. Steadfast

…infringement legal standard (so the DMCA doesn’t play a role in this decision at all). According to Perfect 10 v. Amazon, recapitulated in Perfect 10 v. Giganews, “a party may…