Six-Month Retrospective of SOPA’s Demise [Forbes Cross-Post, A Month Late!] + SOPA/PROTECT-IP/OPEN Linkwrap #3
By Eric Goldman [This post is composed of three parts. The first part, all 2,700 words of it, is a cross-post from Forbes last month assessing where we stood 6 months after January 18, 2012. Sorry it’s taken me so…
No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint
[Post by Venkat Balasubramani, with comments from Eric] Lown Companies v. Piggy Paint, LLC, 1:11-cv-911 (W.D. Mich.; Aug. 9, 2012) Lown and Piggy Paint are squabbling over “piggy paint” trademarks. Lown has a registration for “PIGGY POLISH,” and alleges that…
Breastfeeding Mom Can Sue Video Producer Despite Signing a Blanket Release–Sahoury v. Meredith
By Eric Goldman Sahoury v. Meredith Corp., 2:11-cv-05180-KSH-PS (D. N.J. Aug. 2, 2012) Sahoury consented to being video-recorded while breastfeeding for inclusion in an instructional video. She claims that the video producers orally agreed to two conditions: (1) the instructional…
Online Marketplace Isn’t Liable for Bad Conduct by Merchants It Certifies–Englert v. Alibaba
[Post by Venkat Balasubramani] Englert v. Alibaba, 11CV1560 RWS (E.D. Miss.; Apr. 27, 2012) Englert and other plaintiffs purchased products found on alibaba.com. The products included “ExtenZe male enhancement, Vimax,VigRX Plus, Energy Wristband (Power Balance), and Razor Blades Fusion Power.”…
Video Embedding Site Isn’t a Contributory Copyright Infringer, But Sideloading Could Be Direct Infringement–Flava Works v. myVidster
By Eric Goldman Flava Works, Inc. v. Gunter, No. 11-3190 (7th Cir. Aug. 2, 2012). Prior blog post on district court ruling. myVidster is a “social bookmarking” website that allows users to link to videos hosted elsewhere on the Internet…
Backpage Gets Important 47 USC 230 Win Against Washington Law Trying to Combat Online Prostitution Ads (Forbes Cross-Post & More)
By Eric Goldman [I’ve added some bonus content to the end of this Forbes cross-post] In 1996, Congress enacted a powerful statutory immunity for user-generated content, located at 47 U.S.C. 230 (“Section 230”). Section 230 says that websites aren’t liable…
Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
[Post by Venkat Balasubramani with comments from Eric] Thomas v. Taco Bell Corp., SACV 09-01097-CJC(ANx) (C.D. Cal.; June 25, 2012) Thomas allegedly received unauthorized text messages as part of an advertising campaign for Taco Bell’s Nachos BellGrande (“[a] large platter…
Offering P2P File-Sharing Software for Downloading May Be Copyright Inducement–David v. CBS Interactive
By Eric Goldman David v. CBS Interactive Inc., CV 11-9437 DSF (C.D. Cal. July 13, 2012). The complaint. When the Grokster Supreme Court opinion came out in 2005, there was a lot of confusion about the relationship between copyright “inducement”…
Yet Another Case Says Section 230 Immunizes Newspapers from User Comments–Hadley v. GateHouse Media
By Eric Goldman Hadley v. GateHouse Media Freeport Holdings, Inc., 2012 WL 2866463 (N.D.Ill. July 10, 2012) One of the safest bets in Section 230 jurisprudence is that a traditional media publisher won’t be liable for user comments to its…
No Negligence Claim for Infringement via Shared Internet Connection (Preempted by Copyright Act) – Liberty Media v. Tabora
[Post by Venkat Balasubramani] Liberty Media Holdings, LLC v. Tabora & Whetstone, 12 Civ. 2234 (LAK) (S.D.N.Y.; July 9, 2012) A question that was floating around in the blogosphere was whether you can be sued for maintaining an open wi-fi…