Harvard publishes a lot of video online, both on servers it operates and through third-party services like YouTube. Only some of that video has “timely, accurate closed captioning.” The National Federation of the Deaf sued Harvard for ADA violations and…
One of the most venerable cyberlaw questions: is cyberspace a physical place, and does it matter legally? For purposes of Florida’s privacy invasion law, a federal district court answers: no and yes. This case involves long-running litigation and drama between…
On Monday, I participated in a Copyright Office roundtable regarding their long-delayed report on Section 512. The roundtable was intended to update the study’s record from 2017, when progress stalled on the report. Thus, the topic nominally was to discuss…
This judgment followed a bench trial in a case over three unwanted email messages. The case was originally filed in 2010! The plaintiff is a lawyer suing pro se. The defendant is Hydra Group, which operated an affiliate network. The…
On Monday, I’m participating in a Copyright Office workshop on Section 512. The workshop supports the Copyright Office’s long-pending Section 512 report, which started in 2015 but stalled out in 2017. To freshen up the project, the workshop will cover…
Redbubble is an online marketplace for artists. It outsources many of its functions. Its artist-vendors “are automatically connected with a third-party manufacturer to make the goods.” Redbubble also uses third-party services to package/ship goods and process payments. It appears much…
The photo at issue depicts a dockless bike on a sidewalk. The New York Post published an article on dockless bikes and included the photo. You can get a sense of that story from my screenshot of the NY Post…
I’m pleased to announce a new paper, “Copyright’s Memory Hole,” co-authored with Northeastern Law professor Jessica Silbey. The paper is still in draft form, and Jessica and I plan to do a major edit to the paper this summer. So…
by guest blogger Marketa Trimble Localization – the determination of where persons and things are deemed to be located and events are deemed to happen – is important for many legal purposes; decisions concerning personal jurisdiction and choice of applicable…
Three interesting recent keyword advertising cases: Comphy Co. v. Amazon.com, Inc., 2019 WL 1128519 (W.D. Wash. March 12, 2019) Comphy makes high-end linens. It chooses not to sell directly on Amazon. Nevertheless, Amazon has purchased search engine keyword ads triggered…