Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v. Amazon
…advertising claims and other claims that are based on purportedly false representations.” Cites to Perfect 10 v. ccBill, LW v. Snap, Prager U v. Google. The court also says: “Plaintiff…
Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
…these two lines of authority to the public display right in Perfect 10 v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007). Perfect 10, a purveyor of soft-core pornography, sued…
DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites
…Perfect 10 v. Google Ninth Circuit’s “server” test, which says that 106 violations take place on the hosting server, not on third-party services embedding links to the file: [the 9th…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
…License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v. Morel Ninth Circuit Opinion in Perfect 10 v. Google and Amazon We’re Still Unsure If Instagram Grants…
Another Problematic FOSTA Ruling–Doe v. Pornhub
…10 v. ccBill (in the copyright context): “When a website traffics in pictures that are titillating by nature, describing photographs as ‘illegal’ or ‘stolen’ may be an attempt to increase…
Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook
…the Ninth Circuit in Perfect 10 v. ccBill held that “intellectual property” meant only “federal intellectual property” because otherwise this exception would expose Internet services to heterogeneous state laws that…
Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram
…reverse Perfect 10 v. Amazon. The district court can’t and won’t do that: “this Court must faithfully apply Perfect 10 absent a contrary Ninth Circuit or Supreme Court ruling.” The…
Court Casts Doubt on the Legality of the Data Brokerage Industry–Brooks v. Thomson Reuters
…and related claims. The court denies TR’s motion to dismiss–in a ruling with potentially vast implications. Publicity Rights. TR claimed its dossiers didn’t “use” the plaintiffs’ identity, citing Perfect 10…
Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act
…fielded: Sinclair raised the server rule as recognized by Perfect 10. The court rejects this approach, saying the Ninth Circuit’s approach relegates the display right to a “subset of the…
Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account–Long v. Dorset
…didn’t pertain to IP, and Section 230 would preempt state IP claims anyways (Perfect 10 v. ccBill). Case Citation: Long v. Dorset, 2021 WL 1590391 (9th Cir. April 23, 2021)…