Viacom v. YouTube Summary Judgment Motions Highlights
By Eric Goldman Who doesn’t enjoy a good old-fashioned mud-slingin’ showdown? That’s exactly what we’ve got on our hands in the dueling summary judgment motions from Viacom and YouTube in the long-running copyright infringement case (see my initial post from…
Why I Support HR 4364, the Proposed Federal Anti-SLAPP Bill
By Eric Goldman In mid-December, in a move that got a little lost in the holiday shuffle, Rep. Steve Cohen (D-TN) introduced HR 4364, the “Citizen Participation Act of 2009,” proposing a federal anti-SLAPP law. This blog post explains why…
February 2010 Quick Links
By Eric Goldman Copyright * Mavericks Recording Co. v. Harper (5th Cir. Feb. 25, 2010). 17 USC 402(d) precludes an innocent infringement defense in P2P downloading case when the record companies place proper copyright notices on their works. This is…
Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v. Universal
By Eric Goldman Lenz v. Universal Music Corp., 5:07-cv-03783-JF (N.D. Cal. Feb. 25. 2010) In the lawsuit over the allegedly bogus takedown of a YouTube video of a baby dancing to Prince’s “Let’s Go Crazy” (previous blog coverage), Judge Fogel…
January 2010 Quick Links
By Eric Goldman Copyright * An English translation of Google’s December loss in France on a Google Book Search lawsuit. * Ed Felten reports on a survey of files available via BitTorrent. Acknowledging some methodological limits, he estimates ~99% were…
Keyword Ad and Product Shots Case Survives Motion to Dismiss–FragranceNet v. FragranceX
By Eric Goldman FragranceNet.com, Inc. v. FragranceX.com, Inc., 2010 WL 174159 (E.D.N.Y. Jan. 14, 2010) I previously blogged about this case in 2007. That ruling was one of several in New York that, following the Rescuecom v. Google district court…
“Law & Wikis” Panel at AALS Law & Computers Section Annual Meeting
By Eric Goldman This post recaps the 2010 AALS Law & Computers Section Annual Meeting on the theme of “Law & Wikis.” The program consisted of four papers submitted in response to a Call for Papers from Spring 2009. See…
Top Cyberlaw Developments of 2009 (Eric’s List)
By Eric Goldman Guest blogger John Ottaviani recently dropped by to offer his perspectives on 2009’s top Cyberlaw developments. While I like his list a lot, I independently developed my own top 10 list that has a different emphasis. You…
512(f) Claim Dismissed on Jurisdictional Grounds–Project DoD v. Federici
By Eric Goldman Project DOD, Inc. v. Federici, 2009 WL 4910320 (D. Me. Dec. 13, 2009) 17 USC 512(f) creates a cause of action for sending bogus copyright takedown notices. In a regulatory environment where service providers have itchy trigger…
Torrent Sites Induce Infringement and Lose DMCA Safe Harbor–Columbia v. Fung
By Eric Goldman Columbia Pictures Industries, Inc., v. Fung, 2:06-cv-05578-SVW-JC (C.D. Cal. Dec. 21, 2009) In a potentially significant ruling that got a little lost in the Christmas rush, a federal district court ruled on summary judgment that the “torrent…