DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites
…court is adopting a test that the Ninth Circuit could walk away from imminently. 512 Safe Harbor CBM also argued that it qualified for the 512(c) safe harbor, but this…
Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps
…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…
Services Aren’t Liable for Ignoring the DMCA’s 512(g) Counternotification Procedures–Hopson v. Google
…follow 512(g)’s preconditions. No matter. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. It merely denies…
You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas
…tortious interference claim will be dismissed. You can’t win with 512(f), you can’t win without it. ¯\_(ツ)_/¯ * * * Prior Posts on Section 512(f) * 512(f) Plaintiff Must Pay…
Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
…Flores v. Mitrakos. Unlike most of the CCB cases to date, this case involves Section 512(f), the DMCA cause of action for bogus takedown notices. Consistent with the CCB’s small…
2022 Internet Law Year-in-Review
…amend a TOS? You probably need a click. (1, 2). Can 512(f) Claims Succeed? The answer remains “probably not,” but this year saw a rare appellate ruling for a 512(f)…
2H 2022 Quick Links, Part 3 (Copyrights and More)
…a more effective means to improve the position of press publishers in dealing with news aggregators” * White v. UMG Recordings, Inc., 2022 WL 17744001 (SDNY Aug. 16, 2022). 512(f)…
Another Copyright Owner Learns Why It’s Better to Send DMCA Takedown Notices Before Suing–BMG v. Likee
…for evidence that Likee knew of infringing videos. The court says no, telling the plaintiff to try submitting DMCA takedown notices and see what happens. Although the DMCA 512 safe…
512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless
…Group, LLC, 2022 WL 17403067 (C.D. Cal. Oct. 27, 2022) Prior Posts on Section 512(f) * Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA * 11th Circuit UPHOLDS a 512(f)…
Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v. RCN
…Ugh. The court then collapses much of the 1202 analysis into the 512 analysis, because hey! they were both in the DMCA. Ugh ugh ugh. 512(a) The 512(a) analysis get…