Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Salesforce
…v. Shelter Capital, where Veoh qualified for 512(c) but Veoh’s investors did not–that’s a bad safe harbor design because it gives plaintiffs an easy workaround that undermines the point of…
Section 512(c) Protects Pinterest Despite Its Algorithms–Davis v. Pinterest
…would be the 35 documented on the spreadsheet. But, it doesn’t matter because 512(c) ends the case. Section 512(c) User infringements. The plaintiff doesn’t base the infringement claims on user…
Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? (Comments on the Very Dumb “SMART Copyright Act”)
…for 512(c), the “notice-and-takedown” provision for user-stored materials, that too has largely failed. Nevertheless, 512(c) still mostly works for incumbents, so I guess that’s a success by Congressional standards. To…
Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen
…11, 2022) Prior Posts on Section 512(f) * Another 512(f) Claim Fails–Moonbug v. Babybus * A 512(f) Plaintiff Wins at Trial! –Alper Automotive v. Day to Day Imports * Satirical…
Another 512(f) Claim Fails–Moonbug v. Babybus
…Blond v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f)…
Court Quashes 512(h) Subpoena Submitted to YouTube–Watch Tower v. Kevin McFree
…have been issued for fair use activity? This ruling may be a good 512(h) outcome, but it highlights how 512(c) and 512(h) are structurally miscalibrated to produce socially harmful overenforcement….
Twitter Can’t Quash a 512(h) Subpoena
…a 512(h) subpoena request. If you don’t recall this procedure, it says that after sending a 512(c)(3) takedown notice, a copyright owner can get, as a matter of right, an…
A 512(f) Plaintiff Wins at Trial! 👀–Alper Automotive v. Day to Day Imports
…Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v. Longarzo * Another 512(f) Case…
Comments on HB 5502, the “INFORM” Act
…intellectual property lobby is licking its chops for more identity verification requirements. The SHOP SAFE Act was one such initiative. It’s also easy to imagine a 512 reform that says…
Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy
…512(c)(3) notices. (Which is wild, because it’s trivially easy to comply with 512(c)(3)). Some prior blog posts on 512(h): 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. Doe eBay Must…