A Takedown of the Take It Down Act
…the DMCA’s 512 notice-and-takedown scheme. This is not a laudatory attribute. The 512 scheme was poorly designed, which has led to overremovals and consolidated the industry due to the need…
YouTuber Loses Lawsuit Over Account Suspension–Hall v. YouTube
…notices (and, to a lesser extent, putback notices). Hall’s copyright claims failed because he didn’t have a registration before filing. The opinion does not mention 512(f), which could also create…
Amazon Merchant Takedown Notice Attack Spills Over to Court–GM Photo v. Focus Camera
…a copyright case. If it had been copyright, then 512(f) probably would have preempted the tortious interference claim. Implications The court repeatedly invoked the pleading burdens to accept GM’s allegations…
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
…is 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…
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)…