Another 512(f) Claim Fails–Tuteur v. Crosley-Corcoran
By Eric Goldman Tuteur v. Crosley-Corcoran, 2013 WL 1450930 (D. Mass. April 10, 2013). The complaint (page 5 shows the photo in question). We don’t see that many 17 USC 512(f) lawsuits over bogus copyright takedown noties, and we see…
First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi
[Post by Venkat Balasubramani, with comments from Eric] Capitol Records, LLC v. ReDigi Inc., 2013 WL 1286134 (S.D.N.Y. Mar. 30, 2013) [There has been a recent whirlwind of copyright activity in the courts. We will try to get caught up…
Product Review Website Defeats Trademark Claims–Boarding School Review v. Delta Career Education
By Eric Goldman Boarding School Review, LLC v. Delta Career Education Corp., 1:11-cv-08921-DAB (SDNY March 29, 2013) This case involves Community College Review, with the tagline “find the right community college for you.” It publishes information about various community colleges…
The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)
By Eric Goldman Kirtsaeng v. John Wiley & Sons, No. 11–697 (U.S. Supreme Court March 19, 2013). Prior blog post of the Second Circuit ruling in the case. In Kirtsaeng v. John Wiley & Sons ($JW-A), the U.S. Supreme Court ruled…
Griping Blogger Protected by Fair Use But Not Section 230–Ascend Health v. Wells
By Eric Goldman Ascend Health Corp. v. Wells, 2013 WL 1010589 (E.D.N.C. March 14, 2013) Brenda Wells gripes about University Behavioral Health of Denton (“UBH”) at two blogs, which she promotes via Twitter, Facebook and YouTube. UBH and related parties…
Before Graduated Response, There Was BSA’s “Define the Line” Program. What Happened to It? (Guest Blog Post)
By Guest Blogger Sruli Yellin [Eric’s introduction: with the imminent launch of the six strikes/graduated response program from the deceptively named Center for Copyright Information, I thought it might be worthwhile revisiting a prior effort by rightsowners to coopt Internet…
“Heisman Pose” Photographer Sues for Copyright Infringement – Masck v. Sports Illustrated, et al.
By Jake McGowan [writings][LinkedIn] Masck v. Sports Illustrated, et al., 2:13-cv-10226-GAD-DRG (E.D. Mich. complaint filed Jan. 18, 2013) On his journey to winning the Heisman Trophy for the 1991 season, University of Michigan’s Desmond Howard returned a punt 93 yards…
Israeli Court Says Full-Text RSS Feeds Create an Implied Copyright License (Guest Blog Post)
By Guest Blogger Jonathan J. Klinger Aggregation of content through RSS feeds has been a big issue every since websites began to use RSS to distribute their content. See, e.g., Prof. Goldman’s discussion of the issue in 2005. Still, we…
Territorial Implications of Antigua’s Internet-Based IP Sanctions Against the US (Guest Blog Post)
By Guest Blogger Marketa Trimble At the end of January 2013, the WTO authorized Antigua to suspend its intellectual property obligations toward the United States in retaliation for the United States’ breach of WTO rules. There are at least three…
Conference Announcement: A 15 Year Retrospective of the Digital Millennium Copyright Act, SCU, March 15
By Eric Goldman On March 15, 2013 at Santa Clara University, the High Tech Law Institute is hosting a conference entitled “A 15 Year Retrospective of the Digital Millennium Copyright Act.” Our co-sponsors include the advisory committee to the Congressional…