Are Internet Access Providers Liable for Their Subscribers’ Copyright Infringements?–UMG v. Grande
By 2018, you’d think it would be clear when Internet access providers (I HATE the term “ISP”) are liable for user-committed copyright infringements. After all, the 1995 Netcom case discussed Netcom’s functions as an IAP, and the DMCA in 1998 codified…
Congress Probably Will Ruin Section 230 This Week (SESTA/FOSTA Updates)
For the past year, I’ve been covering Congress’ efforts to create a sex trafficking exception to Section 230’s immunity. From the beginning, it was clear that the proponents did not understand Section 230’s powerful but counter-intuitive doctrinal mechanisms, yet their initiative…
Google Gets Easy Section 230 Win in DC Circuit–Bennett v. Google
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled. Also, I have several other Section 230 rulings to blog that I’ll get to eventually.] I previously described the facts of this case: Dawn J. Bennett was…
In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News
Ugh, this decision is bad. How bad is it? It makes me sympathetic to Breitbart, and I didn’t even know that was possible. You may want a box of tissues nearby before reading this. The TL;DR: for over a decade, in-line linking has been treated…
Roundup of Materials from HTLI’s Content Moderation & Removal Conference
On February 2, 2018, the High Tech Law Institute held a groundbreaking conference, “Content Moderation and Removal at Scale.” The conference explored how Internet companies operationalize their content moderation and removal processes. Over 200 people attended the conference in person, and hundreds more watched…
Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox
BMG sued Cox for the alleged copyright infringement of its users. The court described Cox’s “graduated” policy for terminating subscribers: The first notice alleging a subscriber’s infringement produces no action from Cox. The second through seventh notices result in warning emails…
Copyright Owner Can Serve DMCA Counter-Notifier by Email–Epic Games v. Mendes
DMCA counter-notifications are rare, and litigation over them is even more rare. So my curiosity is piqued that this is the second 512(g) case I’m blogging in a week (the other: DMCA Counternotification Doesn’t Create Personal Jurisdiction in Copyright Owner’s…
Twitter Didn’t Cause ISIS-Inspired Terrorism–Fields v. Twitter
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] The Ninth Circuit issued its ruling in Fields v. Twitter, the first appellate ruling to address if and when social media services like Twitter, Facebook, and YouTube can be…
DMCA Counternotification Doesn’t Create Personal Jurisdiction in Copyright Owner’s Home Court–Real v. Matteo
This case combines one of my favorite Internet Law topics, 17 USC 512, with one of my least favorite, personal jurisdiction. TL;DR: if a foreign national submits a 512(g) counternotification, it doesn’t ensure the copyright owner can sue in its home…
Section 230 Again Preempts Suit Against Facebook for Supporting Terrorists–Force v. Facebook
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] This is one of the many cases against social media sites for allegedly providing material support to terrorists. In May 2017, the court dismissed this case…