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…
Bit-Torrent Copyright Litigation Updates, and a Potentially Significant Decision on Joinder
[Post by Venkat Balasubramani] We don’t track the numerous mass file sharing cases going on around the country. There are too many of them, and it’s not easy to glean any sort of a clear trend. But here are a…
Amazon Not Liable for Affiliates’ Allegedly Bad Acts–Routt v. Amazon
By Eric Goldman Routt v. Amazon.com, Inc., C12-1307JLR (W.D. Wash. Nov. 30, 2012) Sandy Routt is an artist (check out SandysBeachGifts.com if you care). She claims that Amazon affiliates (called “associates” in Amazon’s vernacular) displayed her copyrighted photos (product shots)…
The Problems With Software Patents (Forbes Cross-Post)
By Eric Goldman The U.S. patent system largely treats all innovations equally, but innovation often works quite differently in different industries. In particular, the software industry differs from other major innovative industries–such as computer hardware and biotech/pharmaceuticals–in several key ways,…
District Court Smacks Down Another “Avatar” Copyright Infringement Claim — Schkeiban v. Cameron
By Jake McGowan Schkeiban v. Cameron, No. 2:12-cv-00636 (C.D. Cal. 2012) As of this post, James Cameron’s movie Avatar has grossed roughly $2.78 billion. And as the old saying goes, “where there’s a hit, there’s a writ.” Given the film’s…
Intellectual Property on the Internet: A Brief Comparison of the Current Situation in Europe and the United States (Guest Blog Post)
by Guest Blogger Pablo García Mexía, J.D., Ph.D [Visiting Professor of Internet Law, The College of William & Mary. English translation by Morgan G. Fletcher, B.A. Cornell, William & Mary Law School, Class of 2014. The original Spanish version of…
Email That Says “Done .. thanks!” Doesn’t Transfer Copyrights – MVP Entertainment v. Frost
[Post by Venkat Balasubramani] MVP Entertainment, Inc. v. Frost, B235100 (Ca. Ct. App. Nov. 7, 2012) [pdf] We enjoy cases where people negotiate or modify contracts via email or other modern methods of communication. The underlying rules haven’t changed, and…