IAP Defeats Vicarious Copyright Infringement Claim–UMG v. Bright House
In a good ruling for Internet access providers (IAPs), a court said that the IAP Bright House wasn’t vicariously liable for its users’ copyright infringing activity because the IAP lacked a direct financial benefit. The court says that the legal…
While Our Country Is Engulfed By Urgent Must-Solve Problems, Congress Is Working Hard to Burn Down Section 230
This post will be unusually blunt about my disenchantment with the state of our country, a topic I don’t normally discuss on the blog. Some of you will not like this post. I expect my next post will feel more…
Comments on the Internet Association’s Empirical Study of Section 230 Cases
Elizabeth Banker of the Internet Association has posted “A Review Of Section 230’S Meaning & Application Based On More Than 500 Cases.” This complements Prof. David Ardia’s comprehensive empirical study of Section 230 caselaw from a decade ago. It’s great…
Data Center Avoids Copyright Liability By Forwarding DMCA Notices to Its Customer–ALS Scan v. Steadfast
Steadfast operates data centers. Imagebam is one of its customers. Imagebam provides image hosting services. Allegedly, Imagebam has “become an unauthorized hub of copyrighted adult material.” ALS Scan, which owns many copyrights in pornographic works, sent Steadfast DMCA takedown notices…
Plaintiff Can’t Use Trump’s Anti-Section 230 EO to Sue Facebook–Gomez v. Zuckenburg
This pro se/in pro per plaintiff sued Facebook because he couldn’t log into his account or open a new one. The plaintiff claimed Facebook violated Trump’s anti-Section 230 executive order, EO 13295, Preventing Online Censorship, 85 Fed. Reg. 34079 (May…
Section 230 Doesn’t Protect Repeating Rumors–La Liberte v. Reid
La Liberte spoke at a city council meeting. A photo of her speaking went viral because a “social media activist” posted the photo with a caption that she said racist things about a minority teenager in the photo. That turned…
Comments on the “Platform Accountability and Consumer Transparency Act” (the “PACT Act”)
Last month, Sens. Schatz and Thune introduced S. 4066, “Platform Accountability and Consumer Transparency Act” (the “PACT Act”). The bill was pitched as a narrow and modest bipartisan reform of Section 230; and Daphne Keller of Stanford labeled the bill…
Instagram User’s Lawsuit Over Terminated Account Gets Revived (But Not For Long)–Teatotaller v. Facebook
The plaintiff, a “queer hipster oasis” tea/coffee shop in Somersworth, NH, claims Instagram terminated its account without notice. It sued Instagram in small claims court for $9,999 and account restoration. There must be dozens or hundreds of similar lawsuits against…
Print-on-Demand Vendor Doesn’t Qualify for DMCA Safe Harbor–Feingold v. RageOn
This case involves two copyright-protected photos that users submitted to the RageOn print-on-demand service. Among other defenses, RageOn invoked the DMCA safe harbor. The Greg Young v. Zazzle case held that Zazzle qualified for the 512(c) safe harbor for displaying…
Q2 2020 Quick Links (Everything)
Copyright * Sony Music Entertainment v. Cox Communications, Inc., 2020 WL 3121306 (E.D. Va. June 2, 2020). Each downloaded song file generally can support its own statutory damage, but “compilations” only get one statutory damages award, and no double-counting of…