Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
…an Internet defamation junkie, it’s worth reading the opinion. Tortious Interference. This claim, based on Wilson’s communications to A-1 Hosting, fails because Wilson didn’t do anything improper. 512(f) Bogus Takedown…
Ninth Circuit Upholds Web Host’s Liability for Counterfeiting Retailers–Louis Vuitton v. Akanoc
…counterfeit good, and a 512 agent for service of notice could be personally liable for any infringements. Ugh. The coup de grace was a massive $32+M jury verdict against the…
Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
…to other issues being addressed in prior proceedings, this ruling primarily focuses on the applicability of the 17 USC 512 safe harbor. This court expressly interprets 512(d), the safe harbor…
Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
…over the 512 safe harbors. Agreeing with the UMG and YouTube cases, the court says user downloading qualifies for 512 coverage. The adequacy of Myxer’s repeat infringer policy and the…
17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Ozimals
…case by saying that case did not involve a 512(c)(3) takedown notice, so the notice never fell within 512(f)’s ambit in the first place and thus 512(f)’s preemption wasn’t triggered….
“Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference
…unregulated spaces, through safe harbors and immunities, can spur entrepreneurship around those safe spaces. For example, the 17 USC 512 notice-and-takedown scheme. Service providers still feel the takedown process is…
“Hot Topics in UGC Liability” Talk Slides
By Eric Goldman Earlier this month, Internet law superstar Ian Ballon and I spoke for about 90 minutes on hot topics in Internet law. Watch the video by downloading or…
George Mason “Law and Economics of Search Engines and Online Advertising” Conference Recap
…USC 512. [I didn’t understand this point–neither of those statutes depend on “conduit” status.] When Google’s owns its properties and they show up in organic searches, he thinks this is…
Advertiser Fails in Suit Against Trademark Owner over Google Trademark Complaint–Pandora Jewelers v. Pandora Jewelry
…violation of 17 USC 512(f), a tortious interference and a defamation. Today’s ruling is more comforting for rightsowners, but they shouldn’t get too comfortable. There are increasing signs that an…
17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. Summit Entertainment
…dismissed. 17 USC 512(f) claims are notoriously hard to win, but Smith’s complaint tells a pretty decent 512(f) story. Smith’s progress with the alternative causes of action is also noteworthy….