512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial
…as mere conduits. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox * Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v….
Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon
…the 512(c)(3) notice would disqualify the defendants for 512. However, this isn’t a 512 case. Instead, the court remarkably says that failure to remove content in response to 512(c)(3) does…
Photo Licensing Service Qualifies for DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
…v. ShutterStock. McGucken recycled arguments that failed in Steinmetz. As a result, ShutterStock qualifies for the 512(c) defense pretty easily. Service Provider. ShutterStock provides online services. See Steinmetz. Repeat Infringer…
512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox
…Posts on Section 512(f) * Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps * You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and…
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…