Top Internet Law Developments of 2017 (Very Late)
[It’s a sign of my busy 2018 that I’m only now posting my annual Internet Law year-in-review recap. Better late than never?] 2017 was a generally OK year for me personally. My wife’s health has been stable, I was able…
Copyright Office Won’t Register ‘Middle-Finger Pictogram’ As Literary Work–Ashton v. Copyright Office
Ashton created a coffee mug displaying the words “People Pleaser in Recovery” on the outside, the word “Refill” on the inside bottom, and a single-fingered salute on the outside bottom: Ashton applied for copyright registrations for 2D artwork and a…
Adpocalypse LawsuitGoBoom–ZombieGoBoom v. YouTube
In 2017, YouTube reconfigured its ad delivery algorithm to screen out videos that it thought advertisers disfavored. The resulting turmoil was popularly called the “Adpocalypse” because it dried up revenues for many YouTube channels. This includes the operator of the Zombiegoboom…
D.C. Circuit Makes Geoblocking De Facto Mandatory for Copyright Law Purposes–Spanski v. TV Polska (Guest Blog Post)
by guest blogger Marketa Trimble On March 2, 2018, two events occurred that will affect the future of the use of geoblocking: The Official Journal of the European Union published the new EU Anti-Geoblocking Regulation, and coincidentally on the same day,…
UN’s “Privacy Rapporteur” Speaking at Santa Clara University April 9
We invite you to attend a talk, entitled “Privacy, Personality, and Progress on Surveillance,” by Prof. Joseph Cannataci. The talk will be at Santa Clara University on April 9, 2018, from 7 to 8:30 pm. More details and free RSVP at the event…
Ripoff Report Is “Lucky” Plaintiff Didn’t Allege Extortion–Albert v. Ragland
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] I’m blogging one of four California Appeals Court opinions issued today in cases involving Lenore Albert, a lawyer. I’m focused on an appeal of several different rulings…
The European Union Anti-Geoblocking Regulation Isn’t the End of the Anti-Geoblocking Battle (Guest Blog Post)
by guest blogger Marketa Trimble The EU Anti-Geoblocking Regulation has finally been published. After the Council of the European Union adopted the EU Anti-Geoblocking Regulation on February 27, 2018 (the European Parliament had adopted it earlier in the month), the Regulation…
Are Internet Access Providers Liable for Their Subscribers’ Copyright Infringements?–UMG v. Grande
By 2018, you’d think it would be clear when Internet access providers (I HATE the term “ISP”) are liable for user-committed copyright infringements. After all, the 1995 Netcom case discussed Netcom’s functions as an IAP, and the DMCA in 1998 codified…
Video News Aggregator Loses Fair Use Defense–Fox v. TVEyes
TVEyes aggregates video newsclips, makes them searchable, and lets subscribers watch responsive clips. One use case is for companies’ communications departments. They can set up searches for their brands in TVEyes’ database and monitor what’s being said about them. To…
Congress Probably Will Ruin Section 230 This Week (SESTA/FOSTA Updates)
For the past year, I’ve been covering Congress’ efforts to create a sex trafficking exception to Section 230’s immunity. From the beginning, it was clear that the proponents did not understand Section 230’s powerful but counter-intuitive doctrinal mechanisms, yet their initiative…