Another Terrible Copyright Ruling on IAPs’ Liability for Users’ File-Sharing–Warner v. Charter
…decades, and this ruling moves one step closer to it.” In particular, the opinion highlights how we desperately need a well-functioning 512(a) safe harbor for Internet access providers. Over and…
YouTuber Loses Lawsuit Over Channel Termination–Mishiyev v. Alphabet
…for copyright strikes. (This also exposes the illusory nature of Section 512(g)’s safe harbor. In theory, YouTube would choose to opt-in to 512(g)’s safe harbor for honoring counter-notices; however, that…
Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin
…to YouTube, which YouTube honored. Benjamin counternoticed, which YouTube apparently honored as well. Hughes sued Benjamin for copyright infringement and a 512(f) violation due to his counternotice. The court dismisses…
Top Internet Law Developments of 2019
…Internet will likely look a lot like Netflix. Doomed: Print-on-Demand Services. Due to their offline activities, print-on-demand developers cannot get the full benefit of either Section 230 or Section 512….
Internet Access Provider Gets Another Devastating Result in a Secondary Copyright Infringement Case—Sony v. Cox
…IAP liability doctrines are going so far wrong. In particular, I’m not sure why, 20 years later, we’re seeing the complete collapse of 17 USC 512(a). Whatever the reason, the…
Eric Goldman’s Comments to the California DOJ Draft Regulations for the Consumer Privacy Act (CCPA) (Part 3 of 3)
…prosecuting any perjured declarations? If not, the perjury declaration requirement will not adequately deter bogus requests. We’ve seen a similar dynamic with 17 U.S.C. § 512(c)(3), which specified the elements…
CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v. Amazon
…with the 512(c)(3) requirements. Inducement. “Amazon played a passive role in the publication of Plaintiff’s book. Simply providing a self-publishing service, especially one that requires users confirm they are not…
More Evidence That Print-on-Demand Vendors May Be Doomed–Greg Young Publishing v. Zazzle
I’ve repeatedly expressed concern for the viability of print-on-demand vendors due to potentially unmanageable IP liability. Unlike other Internet services, print-on-demand vendors do not get the full benefit of 512(c)…
Strike 3’s Copyright Litigation Campaign Completely Strikes Out
…(D. N.J. June 30, 2020). Selected Posts on Strike 3 * 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. Doe * Court Blasts “Copyright Troll” for Treating Courts “as an…
Internet Access Provider May Be Vicariously Liable for Subscribers’ BitTorrent Downloads–Warner Bros. v. Charter
…suspending or terminating these users’ accounts. Implications The Possible Irrelevance of 512(a). The DMCA was supposed to resolve IAPs’ liability for subscriber-caused copyright infringement. Section 512(a) eliminates damages and limits…