Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements
By Eric Goldman With all of the focus on SOPA/PIPA/OPEN, it’s easy to lose sight that a Copyright Office proposal seriously jeopardizes the 17 USC 512 online safe harbors for…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
…DMCA online safe harbors) [this means that the statute sits next to 512 instead of rendering 512 moot like SOPA threatened to do], or – distribute “copies that were made…
Spiritual Group’s Attempt to Unmask Online Critics Goes South–Art of Living Foundation v. Does
…case. Additionally, “garden-variety” copyright infringement unmaskings never get to court at all; service providers routinely make disclosures under section 512(h) without the alleged infringer even knowing it. Added: Art of…
Dangerous Copyright Office Proposal to Undercut the DMCA Online Safe Harbors
By Eric Goldman In light of SOPA and its capacity to destroy the current online safe harbor scheme, it seems almost quaint to keep worrying about 17 USC 512. However,…
Court Awards Damages for Wrongful Disruption of Web Presence — Ordonez v. Icon Sky Holdings
…USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices” but see the Smith v. Summit Entertainment case: “17 USC 512(f) Claim Against ‘Twilight’ Studio Survives Motion to Dismiss”…
Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act
…most major UGC sites. The Stop Online Piracy Act, with its ridiculously named subpart the “E-PARASITE Act,” doesn’t expressly modify 17 USC 512. Nevertheless, it is a full-fledged assault on…
Good News/Bad News About the Number of Blogs Eligible for the 17 USC 512 Safe Harbor
By Eric Goldman My 2006 article about blog law included the following passage (footnotes omitted): few blogs satisfy the numerous technical prerequisites for § 512 eligibility, such as registering their…
October 2011 Quick Links
…important reminder of the value of procedural safeguards in the copyright setting. * An amended Capitol v MP3Tunes opinion explains why 17 USC 512 applies to state copyright claims (see…
Yelp Gets Complete Win in Advertiser “Extortion” Case–Levitt v. Yelp
…will ultimately tell in court. Contrast the litigation inquiries in 512(c) and contributory/vicarious copyright infringement, where every service provider choice is grist for the plaintiffs, and that pressure leads service…
Q3 2011 Quick Links, Part 1 (Copyright Edition)
…bogus copyright takedown notices. Prior blog post. * Only 13 years after DMCA passage, the Copyright Office is proposing a permanent process for designating 512 agents. I have strong objections…