17 USC 512(f) Is Dead–Lenz v. Universal Music
By Eric Goldman Lenz v. Universal Music Corp., 2013 WL 271673 (N.D. Cal. Jan. 24, 2013). This is the long-running case involving a YouTube video of a baby dancing to a Prince song. Universal Music overzealously took the video down…
Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Morel
[Post by Venkat Balasubramani] AFP v. Morel, 10 Civ. 02730 (S.D.N.Y. Jan. 14, 2013) The court *finally* issued its ruling on the parties’ cross motions for summary judgment in AFP v. Morel, the Haiti photo case. Previous posts here and…
Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)
By Eric Goldman I’m pleased to share my list of top 10 developments of 2012: #10: The Push Towards Anti-Class Action Arbitration Clauses. In 2011, the U.S. Supreme Court ruled in AT&T Mobility v. Concepcion that businesses may be able to adopt mandatory…
Q4 2012 Quick Links, Part 1 (IP Edition)
By Eric Goldman Copyright * Author’s Guild v. HathiTrust, 1:11-cv-06351-HB (SDNY Oct. 10, 2012). James Grimmelmann’s take. * Hillicon Valley: ‘Shell-shocked’ lawmakers shy away from online piracy in new Congress * Ars Technica: Voters boot three SOPA-sponsoring Hollywood allies from…
Let’s Stop Using the Term “Soft IP”
By Eric Goldman You may have heard–or even used–the phrase “soft IP.” I’m not a fan of it, and I think we should retire the term. The term “soft IP” is inherently ambiguous. Sometimes, people use “soft IP” to refer…
The Problem of “International Orphan Works” (Guest Blog Post)
By Guest Blogger Marketa Trimble The U.S. Copyright Office recently extended the deadline by which the public may submit comments on issues related to orphan works until February 4, 2013. The Office is gathering suggestions for shaping future U.S. legislation…
Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry (Catch-Up Post)
By Jake McGowan with comments from Eric [Eric’s preliminary note: it’s taken me weeks to review this blog post, so I’ve been keeping poor Jake in a holding pattern. Still, I hope the wait is worth it.] The real estate…
Lawsuit Against Instagram Over Terms of Service Changes Looks Flimsy — Funes v. Instagram
[Venkat Balasubramani with a comment by Eric] Funes v. Instagram, 12-6482 (N.D. Cal. complaint filed Dec. 21, 2012) Eric and I posted about Instagram’s recent TOS rev. Neither of us were particularly enthusiastic about the changes. (See Facebook’s Proposed Amended…
Facebook’s Proposed Amended Sponsored Settlement and Instagram’s TOS Revs
[Post by Venkat Balasubramani] Fraley v. Facebook, 11-cv-196193 (N.D. Cal.) (Amended Proposed Settlement) (Motion to Approve) (Preliminary Approval) (case docs, compiled by Citizen Media) I initially passed on blogging the amended proposed settlement agreement in Fraley v. Facebook, the Sponsored…
When Will We Give Up the Charade That Numbers Are Copyrightable?–National Football Scouting v. Rang
By Eric Goldman National Football Scouting, Inc. v. Rang, 11-cv-5762-RBL (W.D. Wash. Dec. 13, 2012) Individual numbers aren’t copyrightable, no matter how much work or judgment went into producing them. This proposition seems so obvious, I feel silly even mentioning…