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…
1st Circuit Reinstates $675,000 File-Sharing Award Against Tenenbaum — Sony BMG v. Tenenbaum
[Post by Venkat Balasubramani] Sony BMG Music Entertainment v. Tenenbaum, 2011 WL 4133920 (1st Cir. Sept. 16, 2011) [pdf] Sony’s lawsuit against Joel Tenenbaum was one of two file-sharing lawsuits brought by record labels against end users that proceeded to…
Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
By Eric Goldman Ground Zero Museum Workshop v. Wilson, 2011 WL 3758582 (D. Md. Aug. 24, 2011) Disputes like these make me wonder if we can’t find some way to get along. Suson runs a non-profit museum focused on the…
Ninth Circuit Upholds Web Host’s Liability for Counterfeiting Retailers–Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier SA v. Akanoc Solutions, Inc., No. 10-15909 (9th Cir. Sept. 12, 2011). Prior blog posts: * Another Bad Ruling in Louis Vuitton v. Akanoc * Making Sense of the $32M Contributory Trademark Infringement Judgment…
Resetting the Righthaven Fiasco (July-August 2011 Quick Links, Part 1)
By Eric Goldman The Righthaven empire is in tatters. It hasn’t expanded its inventory of cases for months (no new cases in July or August); its existing inventory of cases is shrinking for lack of standing and, increasingly, for lack…
Second Circuit Says No First Sale Doctrine for Works Manufactured Outside the U.S. — Wiley & Sons v. Kirtsaeng
[Post by Venkat Balasubramani] Wiley & Sons, Inc. v. Kirtsaeng, 09-4896-cv (2nd Cir. Aug. 15, 2011) Wiley asserted copyright infringement claims against Kirtsaeng, who imported into the United States and sold “foreign editions” of Wiley textbooks. The books had legends…
Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
By Eric Goldman Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011). Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a…