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…
City of Heroes Lawsuit–New Ruling on False DMCA Takedown Notices
…the 512(f) cause of action. One other odd argument re. 512(f)–Marvel claimed that to qualify as a 512 service provider (for purposes of bringing a 512(f) claim), the service provider…
Student Sues Term Paper Website (and its Host)
…vendor didn’t have permission, it doesn’t have a lot of great defenses. I’m less clear about the web host’s liability–did Blue send a 512(c)(3) notice? If not, the theory is…
Blog Content Aggregation, RSS Feeds and Copyright Law
…hosts through 512(c)(3) notices. However, there’s an underlying problem. Many bloggers make feeds of their blog content available for all comers through RSS (a/k/a “Really Simple Stealing”–a phrase generally attributed…
Fall 2005 Cyberlaw Syllabus
…* Corbis v. Amazon (an extremely lucid opinion applying the 512 safe harbors–this is an overlooked gem of a case from a pedagogical standpoint) Trademark * Bosley v. Kremer (the…
Misguided CNET Article on Canadian Copyright Law and Caching/Archiving
…there has never been a case interpreting 17 USC 512(b) nor has any defendant ever avoided liability using the 17 USC 512(b) safe harbor. Given how practices have changed, there…