Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
…Specialist, Inc. [MSI], and plaintiffs did not submit any admissible evidence that MSP was affiliated with or had transferred the copyrights to MSI. 2021 WL 2905410, at *11-*12. With respect…
Plaintiffs Make Some Progress in 512(f) Cases
…submitter like MFB must proactively consider the potential that similarities in materials are unprotectable. Failure to do so can form the basis of a finding of willful blindness and, therefore,…
They Should Have Used a Dickwrap–Weeks v. Interactive Life Forms
…is a section inviting the user to submit his or her email address “to receive our latest news [and] promotions!” Beneath that appears a menu in white text against a…
512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial
…abuse. It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands…
Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional
…adults, the court says: Requiring adult users to produce state-approved documentation to prove their age and/or submit to biometric age-verification testing imposes significant burdens on adult access to constitutionally protected…
My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts
[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. Eric Goldman, Associate Dean for Research, Santa Clara University…
More Chaos in the Law of Online Contract Formation
…SUBMIT” button. Finally, Lee is different from the instant case in that each time the plaintiff signed in or made a payment, he was given notice about the Terms of…
Class Certification Denied Over Rightsowners’ Demands for Content ID Access–Schneider v. YouTube
…individualized proof that precludes certification The plaintiffs claimed that the DMCA takedown notices submitted to YouTube would provide this evidence. The court disagrees: the takedown of content in response to…
The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google
…be clear, social media services absolutely encourage, solicit, and advise users to submit content. But the court makes clear that the evidence has to show that they encouraged/solicited/advised with respect…
Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon
…the facts, the court says Amazon didn’t submit the TOS notification email or even describe it. Why would Amazon hide the ball here? Was the email text lost? Was it…