Haifa University Search Engine Conference Recap
…discussed how search engines promote access, and how legal doctrines can protect search engines for doing so (230, 512, cases like Kelly v. Arriba and Field v. Google). However, increased…
Can 512(f) Support an Injunction? Novotny v. Chapman
…would support a court enjoining a putative copyright owner from continuing to issue 512(c)(3) notices. If the putative copyright owner lacks the right to send the notice, 17 USC 512(f)…
Court Nix Clean Flicks
…the Communications Decency Act or under Section 512 of the Digital Millennium Copyright Act, so long as they do not “induce” copyright infringement a la Grokster. It may not be…
Top Cyberspace IP Cases of 2005
…U.S.C. §512(f) survived a motion to dismiss. The court also rejected Marvel’s argument that a “service provider” under Section §512(f) has to be “passive” and “innocent.” Among other things, NCSoft…
Allegedly Wrong VeRO Notice of Claimed Infringement Not Actionable–Dudnikov v. MGA Entertainment
…512(c)(3) takedown notice which is thus subject to 512(f). However, the 2004 Ninth Circuit Rossi case raised the bar on 512(f) claims, effectively defeating 512(f) claims if the copyright owner…
Keep on Suin’–Crumb v. Amazon
…512(c) safe harbor (see Corbis v. Amazon). Otherwise, if an employee or contractor uploaded the drawing, there would be a prima facie case of infringement. At that point, Amazon can…
Keeping C&D Letters Confidential
…512(c)(3) demand letters to ChillingEffects.org because (a) Google wants the letters to see the light of day, (b) Google feared that publishing the letters would be an unexcused infringement, and…
Yale Regulating Search? Conference Recap
…be blind to differences that warrant differential legal treatment * principally, the hard legal problems arise from innocent mistakes, not from the bad actors. For example, the problems with 512(c)(3)…
DMCA Online Safe Harbor Empirical Study by Urban and Quilter
…statute creates a new cause of action (512(f)) for sending bogus 512(c)(3) notices. 512(f) has been litigated infrequently. A Ninth Circuit case (the Rossi case) appeared to substantially weaken the…
Amazon Not Liable for User Book Reviews–Hammer v. Amazon
…cite either 230 or 512. Just a reminder that those safe harbors aren’t the entire universe of doctrines exculpating defendants for other people’s conduct. Hat tip to Evan Brown for…