Rounding Up Some Recent Copyright Decisions
…third-party merchant listings with Joybuy syndicated to Walmart. This ruling deals with the 512(c) defense. The plaintiff argued that Joybuy/JD did not qualify as a “service provider” because it was…
Viral DRM Awarded Damages for Its 512(f) Claims, But At What Cost?
…* 512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox * Surprise! Another 512(f) Claim…
Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello
…the 512 safe harbor on a motion to dismiss. The court thus treats the plaintiff’s elements of a prima facie case of vicarious copyright infringement as coextensive with the safe…
Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)
…a correction. (It’s a little reminiscent of the quest to make DMCA § 512(f) mean something. But the desire to shrink the SCA is evocative of a California appellate court…
Blogiversary: Readers’ Favorite Topics, Posts, and Memes (Part 4 of 10)
…* * Some topics where I usually blog every case I see: Section 230 cases Section 512 safe harbor cases (but these are quite rare) and 512(f) cases (though these…
Big YouTube Channel Gets TRO Against Being Targeted by DMCA Copyright Takedown Notices–Invisible Narratives v. Next Level Apps
…a rare victory for a 512(f) plaintiff, though it’s not the first time 512(f) has supported an injunction against takedown notices (see, e.g., this case). As usual, 512(f) courtroom wins…
The Competition Between Temu and Shein Moves Into a Courtroom–Whaleco v. Shein
…Notice, Defeats 512(f) Claim Anyway–White v. UMG * Plaintiffs Make Some Progress in 512(f) Cases * 512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial * 512(f)…
Celebrating the Blog’s 20th Blogiversary (Part 1 of 10)
…rarely feel like blogging is a chore. (Some exceptions: blogging the mind-numbing FOSTA and 512 safe harbor opinions and analyzing proposed legislation. Also, I hate writing posts where readers will…
512(c) Helps Vimeo Defeat the Record Labels. It Only Took 15 Years–Capitol v. Vimeo
…kinds of content could be 512(c) disqualifying. Yet another angle for copyright owners to explore in future cases… Implications Yes, 512(c) opinions are routinely this long, tendentious, epistemological, and irresolute….
Court Denies Preliminary Injunction Against Minnesota’s Anti-“Deepfakes” Law–Kohls v. Ellison
…formality”) but, like I’ve raised before regarding the penalty of perjury language in 17 USC 512(c)(3), do expert witnesses ever actually get prosecuted for perjury? Or is that more of…