2008 Cyberlaw Year-in-Review
…generic term. * New gTLDs. Maybe I should reserve this development for 2009…if it happens. Others * McCain complains about 512(c)(3) notices taking down his YouTube videos. Surprise! 512(c)(3) notices…
Social Networking Sites and Blogs Talk for Students
…to Texas Jurisdiction–Healix Infusion v. Helix Health * Co-Blogger Identity Isn’t Disclosed via 512(h), but Takedown Letters Are Copyrightable * Blog Defamation Lawsuit Lacks Jurisdiction–TrafficPower.com v. Seobook.com Social Networking Sites…
Veoh Gets Another Nice 512(c) Win–UMG v. Veoh
…a significant win under the DMCA online safe harbors (17 USC 512(c)). That opinion makes my list as one of the top 10 cyberlaw cases of 2008, and I’m considering…
November 2008 Quick Links
…USC 512 because the claims duplicate its affirmative defenses. * James Grimmelmann does an excellent job parsing the Google Book Search settlement agreement and makes some sage recommendations for how…
October 2008 Quick Links, Part 1 (Copyright Edition)
…lawyer complained to YouTube that YouTube was taking down campaign videos in response to 512(c)(3) notices too quickly. Really…what a shock. We’ve documented problems with 512(c)(3) notices and 512(f) lawsuits…
Rip-off Report Back in Court
…and trademark infringement. Among the interesting tidbits: (1) Rip-off Report successfully sent three DMCA 512(c)(3) takedown notices to the web host but is suing the web host anyway for failing…
Io v. Veoh Comments–a Terrific 512(c) Defense-Side Win
…win. A few other noteworthy aspects of this ruling: * a website’s failure to prevent terminated users from re-registering under alternative credentials does not preclude 512(c) * 512(c) is not…
Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal
…by 512(f)? This issue was sidestepped in prior litigation over 512(f) and eBay NOCIs. See Dudnikov v. MGA Entertainment. However, in the future, as Ethan points out, 512(f) defendants might…
Tiffany v. eBay District Court Opinion Analysis
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ. 4607 (RJS) (S.D.N.Y. July 14, 2008) It took most of the day, but I’ve finally read through the…
Content Generation and the Law
…512. 512 doesn’t go as far as 230 at enabling different content generation approaches, but it still provides some insulation from liability for user-caused copyright infringement. In addition to these…