A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo (Catch-up Post)
…Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice of Claimed Infringement Not Actionable–Dudnikov v. MGA Entertainment…
Conference on IP Enforcement at Trade Shows, UNLV, October 4, 2018 (Guest Blog Post)
…A 2016 Bloomberg video report illustrates the IP action that might take place at a trade show; the video shows U.S. federal marshals enforcing a temporary restraining order (“TRO”) issued…
Airbnb Defeats Race Discrimination Claims–Harrington v. Airbnb
…supervising judge approved the magistrate’s report. The plaintiff explained that she had actually suffered discrimination because Airbnb didn’t change its policies (in response to her demand) to reduce discrimination. She…
‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration
…Section 230 based on the facts adduced in the Senate investigative report. As confirmation of this, in the few days since the Senate’s approval of FOSTA, TWO courts have held…
2H 2017 & Q1 2018 Quick Links, Part 3: Section 230, Consumer Reviews
…288 Or. App. 729 (Nov. 8, 2017): “a reasonable factfinder could conclude that the two statements at issue in defendant’s Ripoff Report posting—that “Chiefaircraft.com Has so many chargebacks on their…
2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads
…this point in his objections to the Report. Obj. at 12 (“the initial diversion … is the ‘actual confusion’ here.”). Initial interest confusion “arises when a consumer who searches for…
District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. Backpage
…denied Backpage Section 230 protection for a state criminal prosecution over money laundering. Plus, the Senate Investigative Report from January 2017 exposed a number of facts that could undermine Backpage’s…
DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk
…from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice of Claimed…
Why FOSTA’s Restriction on Prostitution Promotion Violates the First Amendment (Guest Blog Post)
…relies on the unsubstantiated idea that reducing prostitution will reduce trafficking. Indeed, the legislative report defends the regulation by proclaiming, without citation, that “[p]rostitution and sex trafficking are inextricably linked,…
SESTA’s Sponsors Still Don’t Understand Section 230 (As They Are About to Eviscerate It)
…amendment would not help Backpage–at all. The Senate Investigative Committee report highlighted voluminous facts about Backpage’s knowledge, so I can’t see how Backpage’s purported filtering would come up in any…