The PLAN Act Proposes to Amend Section 230 to “Protect”…Landlords and Hotel Chains?
…associations), rather than enjoy Section 230(c)(1)’s current categorical immunity. All notice-based liability schemes predictably will be gamed, and this bill doesn’t address those risks. For example, unlike 17 USC 512(c)(3),…
Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift–Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]
…Well) * Another Section 512(f) Case Fails–ISE v. Longarzo * Another 512(f) Case Fails–Handshoe v. Perret * A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo * DMCA’s Unhelpful 512(f)…
Announcing the 2019 Edition of My Internet Law Casebook
…will give automatic Fs to any final exam that doesn’t mention Section 230 or Section 512. I feel like those omissions make me question what course the students took. Yet,…
1H 2019 Quick Links, Part 1 (Copyright & More)
…a “good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.” 17 U.S.C. § 512(c)(3)(A)(v). “The purpose of Section 512(f)…
D.C. Circuit Issues Sweeping Pro-Section 230 Opinion–Marshall’s Locksmith v. Google
…a little of the copyright owners’ unsuccessful arguments that transcoding user uploads into different file formats disqualified the services for 512(c) (because the transcoded file no longer is stored at…
HuffPost Gets 512(c) Defense for Contributor-Uploaded Photo–Downs v. Oath
…screening and modification.” Overall, this is a good ruling for Oath, any sites running “contributor” programs, and the 512(c) safe harbor. I wish all 512(c) rulings were this easy to…
Second Circuit Judges Brawl Over the Meaning of “Volition” in Copyright Cases–BWP v. Polyvore
…Claims–BWP v. Polyvore * 512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner * DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites * Lawsuit Over User-Posted…
Recap of the Copyright Office’s Section 512 Study Roundtable
…Fingerprinting technology isn’t being used. Isbell: At last hearing, Gratz said 512(f) needed more teeth, such as statutory damages. Still feels that way? Gratz: 512(f) doesn’t deter for many kinds…
How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well)
…a section 512(f) action. As an ‘alleged infringer,’ ISE has standing to sue under section 512(f).” The court permitted the claim even though the 512(f) plaintiff didn’t know if the…
New Paper Announcement: “Copyright’s Memory Hole”
…512 make appearances, as well as writeups of blog-favorite topics like Medical Justice, Scott v. WorldStarHipHop, Katz v. Chevaldina, Small Justice v. Xcentric, Garcia v. Google, anti-SLAPP laws, and much…