Second Circuit Judges Brawl Over the Meaning of “Volition” in Copyright Cases–BWP v. Polyvore
…a placeholder for lots of potential interpretations. Predictably, jurisprudential anarchy ensued. The Ninth Circuit seemingly cleaned this issue up in Perfect 10 v. Giganews when it equated “volition” with “proximate…
Copyright Lawsuits Over Product Shots Are Stupid–eTrailer v. Automatic Equipment
…on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta * Inflatable Giant Gorilla Attacks Google (for Copyright Infringement)–Scherba v. Google * Keyword…
Reminder: Cutting-and-Pasting Photos from the Internet Is Hazardous to Your Legal Health–Grecco v. Valuewalk
…copyrighted work with impunity if they only degrade its quality would enfeeble any force of the copyright holder’s limited monopoly.” Note the implicit conflict with Perfect 10 v. Amazon, where…
IP Address Subscriber Isn’t Liable for Copyright Infringement by Users Sharing That IP Address–Cobbler v. Gonzales
…whether the online service provider had knowledge of specific infringements and could have taken “simple measures” to disable the material in question. (The Perfect 10 v. Giganews case recently relied…
Q2 2018 Quick Links, Part 2 (Copyright)
…Jan. 30, 2018). An inducement-based injunction: Here, as in Perfect 10, the defendant provides a device or service that its customers utilize to access copyrighted content that is displayed or…
Q2 2018 Quick Links, Part 1 (Trademarks and Other IP)
…Act when its search engine returns a search result based on an input of a consumer. Perfect 10, 2013 WL 2109963, at *14 (“Defendants do not ‘use’ Plaintiff’s marks in…
Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)
…see this opinion as a good news/bad news opinion, so I’ll divide my remarks that way: Good News: * Citing Perfect 10 v. ccBill, the court says flatly: “The Digital…
In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News
…shocking conclusion, the court navigates around the decisions of two other circuits (and several other district court cases). Most importantly, the Ninth Circuit’s 2007 Perfect 10 v. Amazon opinion adopted…
A Complaint’s Silence About Section 230 Helps It Survive Judgment on the Pleadings–Moretti v. Hertz
…did not do so. In support of rejecting Section 230 on a motion to dismiss, the court cites Swift v. Zynga, Chang v. Wozo, Cybersitter v. Google, and Perfect 10…
New Paper: “The Defend Trade Secrets Act Isn’t an ‘Intellectual Property’ Law”
…professor. The short story is that the sentence preserves the Perfect 10 v. ccBill “salient” in Section 230 jurisprudence, which says that Section 230 can apply to state IP laws–including…