2007 Cyberspace Law Syllabus
…that segregation worked. * I deleted the following material: – Corbis v. Amazon. This was an excellent case to teach 512, but I think the ccBill case superseded it in…
Bracha Responds re. Search Engine Regulation
…512 and CDA 230. But they cannot have it both ways. Search engines cannot be “just conduits” for purposes of immunities and “media outlets” when it comes to regulating their…
Third Circuit Bounces Lawsuit Over Google Groups–Parker v. Google
…* Google isn’t liable for contributory copyright infringement because Parker didn’t allege the requisite knowledge of third party activity. The court doesn’t reference 512 in this discussion, but it does…
Tur v. YouTube SJ Motions Denied
…for summary judgment based on 512(c). Tur’s motion (that YouTube isn’t eligible for 512(c)) was denied because he failed to present adequate evidence that YouTube has the right and ability…
Summary of Perfect 10 Decision
…defense under Section 512 of the Digital Millennium Copyright Act (DMCA). The 9th Circuit clearly stated that the Section 512 defense is available for both direct and secondary laibility claims…
YouTube Sued Again–Football Association Premier League v. YouTube
…all that sympathetic. However, as I’ve said before, 512(c) is unquestionably ambiguous about whether a copyright owner must send a 512(c)(3) notice before service providers can lose 512(c)’s coverage, and…
New(ish) Report on 512 Takedown Notices
…supposed to be remedied by 512(f), but after the Ninth Circuit Rossi case, 512(f) doesn’t have much punch, so it has done little to curb the takedown spamming by content…
Ninth Circuit Opinion in Perfect 10 v. CCBill
…512(a) entity is a passive data carrier. However, the court says that 512(a) can apply to anyone transmitting digital online communications, so 512(a) may be available to any vendor who…
Consumer-Directed DVR Service Infringes Copyright–20th Century Fox v. Cablevision
…we’ve repeatedly seen that there is no “passive effectuator” exception to copyright law. Statutory safe harbors, such as 17 USC 512, help a bit in some places, but only a…
Viacom Sues YouTube
…story (see, e.g., Napster, Aimster). On the other hand, Congress has enacted the 512 safe harbors for precisely this situation, and I think many judges will find those safe harbors…