Service Provider to a Ponzi Scheme Operation Qualifies for Section 230–Wiand v. ATC Brokers
[This opinion was issued 6 months ago, but it just showed up in my alerts.] This case involves an alleged Ponzi scheme involving foreign currency exchanges (“forex”). In addition to the direct participants in the scheme, the CFTC pursued Spotex,…
Services Aren’t Liable for Ignoring the DMCA’s 512(g) Counternotification Procedures–Hopson v. Google
This case involves a UGC anime site called Gelbooru, run by Hopson. Rightsowners sent DMCA takedown notices targeting the site to Google. (Lumen has many takedown notices containing the word “Gelbooru”). Google stripped out the notices’ identifying information and forwarded…
The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)
by guest blogger Lisa P. Ramsey [Lisa P. Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the…
You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas
Today is April Fool’s day, and longtime readers know that I do not participate in gags that undermine my credibility as a blogger. So this post is 100% true, even if it might sound farcical. * * * This ruling…
Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
By guest blogger Elizabeth Townsend Gard, John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB)…
After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)
by guest blogger Kieran McCarthy Last year, the most important case in the history of web scraping—hiQ Labs, Inc. v. LinkedIn Corp.—settled. After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of…
Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3)
by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the second of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes. The first part looked at defendant opt-outs.] As of March…
Copyright Claims Board (CCB) Opt-Outs – How’s That Going? (Guest Blog Post–Part 1 of 3)
by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the first of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes.] CCB respondents may opt out of a proceeding within 60…
Venkat’s Blog Post Unjustly Removed from Google Search Results Due to EU RTBF Takedown
This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. See, e.g., this post (scroll down for the updates). But every time the RTBF is applied to my blog, it’s probably a wrongful application of…
Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania
This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For…