Vermont Enacts The Nation’s First Anti-Patent Trolling Law (Forbes Cross-Post)
…is 17 U.S.C. 512(f)), but they are well-known in the United Kingdom and other Commonwealth countries. In the US, most litigation reform efforts target lawsuits that have been already filed….
Second Circuit Summarily Affirms 512(c) Dismissal–Obodai v. Cracked
…512, because the undisputed evidence established that Demand Media satisfied the requirements under s 512(c) and (i). The record does not support Obodai’s assertion that Demand Media’s use of the…
UK’s New Defamation Law May Accelerate the Death of Anonymous User-Generated Content Internationally (Forbes Cross-Post)
…world. The United States does have a notice-and-takedown scheme for copyright infringing UGC (17 U.S.C. 512(c), a provision that’s proven somewhat problematic), but the safe harbor doesn’t require websites to…
Perfect 10 Gets a Surprising Partial Sumary Judgment in 512 Case–Perfect 10 v. Yandex
…to prepare 512(c)(3) notices. It seems almost like Perfect 10 was trying to satisfy the minimum 512(c)(3) requirements using the most onerous and expensive approach for recipients. They wouldn’t be…
More Evidence That Congress Misaligned the DMCA Online Copyright Safe Harbors–UMG v. Grooveshark (Forbes Cross-Post)
…a safe harbor for user-caused copyright infringement (17 U.S.C. 512(c)). To be eligible for the safe harbor, UGC websites must satisfy some preconditions. If they do, copyright owners unhappy about…
Viacom Loses Again–Viacom v. YouTube
…a 512 safe harbor inquiry was a terrible moment in 512 jurisprudence. As I wrote about that opinion: By adding another category of knowledge but not defining it, this opinion…
Designing Optimal Immunities and Safe Harbors (Forbes Cross-Post)
…of Reputational Information paper. * 17 USC 512, a safe harbor for websites to avoid liability for user-committed copyright infringement. While this safe harbor has some serious flaws (especially when…
Another 512(f) Claim Fails–Tuteur v. Crosley-Corcoran
…making the V sign. The doctor brought a 512(f) claim for the takedown notice to her host. The doula tried to dismiss the 512(f) lawsuit on jurisdictional grounds, but the…
First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi
…something that contradicts the statutory language so clearly. Venkat raises a good point about 512(c)–could ReDigi have found greater success positioning itself as an eBay/Amazon-style marketplace for user-to-user transactions of…
Conference Announcement: A 15 Year Retrospective of the Digital Millennium Copyright Act, SCU, March 15
…from the DMCA as we continue to build copyright policy in the digital millennium. We anticipate spending the morning on 1201 and the afternoon on 512. My colleague Tyler Ochoa…