Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox
…every aspect of the DMCA statute.] The copyright owner tendered an “expert” report that IAPs can disable access to targeted items using destination null routing and port blocking. The court…
In 512(f), the “F” Stands for “Futility”–Shaffer v. Kavarnos
…Media v. Weiner * Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal * Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report…
The Ninth Circuit Finds Two New Ways to Undermine Section 230–Doe v. Twitter
…an internet company to monitor third-party content.” Here, Twitter’s improvement of its reporting mechanism—for example, by allowing people to report child pornography sent via private messaging—would not necessarily require Twitter…
Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post
…question was whether NFTs are “goods” for purposes of trademark law. The Ninth Circuit held that they are. [Slip op. at 22] It quoted from a joint report of the…
A Takedown of the Take It Down Act
…no process for sorting this out. Services are expected to remove first and ask questions never. Complicating matters further, the law imposes an obligation to remove not only the reported…
NJ Supreme Court Blesses Lawyers’ Competitive Keyword Ads (With a Baffling Caveat)
…keyword advertising by lawyers. The report surely helped the court, though it left many questions unanswered. The majority says that purchasing keyword ads isn’t a regulated marketing activity under the…
A Roundup of Recent Section 230 Decisions Involving Sex Abuse or CSAM
…publisher. Thus, this claim is barred by Section 230.” The plaintiff also argued that Instagram should have made it easier to report sexual predators on the site. The court responds:…
Amazon Merchant Takedown Notice Attack Spills Over to Court–GM Photo v. Focus Camera
…counterfeit, Amazon suspended the reported listing, preventing GM from selling the reported lens.” Elsewhere, the opinion suggested that Focus’ takedowns disrupted $1.5M of GM’s inventory. The opinion doesn’t lay this…
Viral DRM Awarded Damages for Its 512(f) Claims, But At What Cost?
…Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal * Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices…
Section 230 Applies to Consumer Reporting Agencies (But Only Sometimes)–Foley v. IRBsearch
…report is a straightforward list of public records organized into categories such as “Address Summary,” “Bankruptcy Records,” and “Voter Registrations.” By compiling this report, Defendant merely makes third-party content more…