Good News/Bad News About the Number of Blogs Eligible for the 17 USC 512 Safe Harbor
By Eric Goldman My 2006 article about blog law included the following passage (footnotes omitted): few blogs satisfy the numerous technical prerequisites for § 512 eligibility, such as registering their websites with the U.S. Copyright Office. To assess this, on…
October 2011 Quick Links
By Eric Goldman Copyright * MUST READ from Techdirt: MPAA Helped Police Seize ‘Pirated’ DVDs That Were Actually Fully Authorized. On the topic of errors in determining copyright infringement, the incident a powerful reminder both that even those “in the…
Righthaven Hit With Another Fee/Cost Award, This Time Nearly $120k–Righthaven v. DiBiase
By Eric Goldman Righthaven LLC v. DiBiase, 2011 WL 5101938 (D. Nev. Oct. 26, 2011) There’s really not much to say about this one. In a brief opinion that speaks for itself, Judge Hunt awarded nearly $120,000 in attorneys’ fees…
Ex-Employee Converted Social Media/Website Passwords by Keeping Them From Her Employer–Ardis Health v. Nankivell
[Post by Venkat, with comments from Eric] Ardis Health, LLC, Curb Your Cravings, LLC and USA Herbals, LLC v. Ashleigh Nankivell, 2011 WL 4965172 (S.D.N.Y. Oct. 19, 2011) Nenkivell worked for CYC as a “video and social media producer.” Her…
Court Rejects Copyright Misuse Defense Against Apple and Affirms License Restrictions in OS X License Agreement — Apple v. Psystar
[Post by Venkat Balasubramani] Apple Inc. v. Psystar Corp., 10-15113 (9th Cir. Sept. 28, 2011) [pdf] This is a dispute over whether Apple can enforce a restriction in its software license agreements which requires end users to run the Mac…
Court Nukes Another Mass Defendant File-Sharing Lawsuit — Digiprotect v. Does
[Post by Venkat Balasubramani] DigiProtect USA v. Does, 10 Civ. 8760 (S.D.N.Y.; Sept. 26, 2011) Plenty of bad news for copyright plaintiffs lately. Righthaven is getting hammered left and right and is struggling (to say the least) to keep any…
Q3 2011 Quick Links, Part 1 (Copyright Edition)
By Eric Goldman * The Golan v. Holder SCOTUS oral arguments are today. My colleague Tyler Ochoa has been actively monitoring the case: – his essay previewing the case and the issues it raises – an amicus brief on whether…
Article on Bypassing Geographic Content Restrictions Using Borrowed IP Addresses
By Eric Goldman Marketa Trimble (UNLV Law) has posted a full copy of her article, The Future of Cybertravel: Legal Implications of the Evasion of Geolocation. I’ve highlighted this article before, such as in my coverage of the Internet Law…
Colorado Judge Drills Righthaven and Awards Attorneys’ Fees–Righthaven v. Wolf
By Eric Goldman Righthaven LLC v. Wolf, 1:11-cv-00830-JLK (D. Colo. Sept. 27, 2011) Another judge, this time in Colorado, issued another stinging rebuke to Righthaven. This time it was Judge Kane in Colorado, and his decision will lead to the…
Copyright Preempts State Tort Claims Over Loss of Control Over Website — 78th Infantry Div. v. Oprendek
[Post by Venkat Balasubramani] 78th Infantry Division, WWII Living History Ass’n v. Oprendek, 11-165 (D.N.J.; Aug 4, 2011) This is another web vendor dispute. Professor Goldman posted about one earlier this week. As in that case, here the parties did…