Second Life Ordered to Stop Honoring a Copyright Owner’s Takedown Notices–Amaretto Ranch Breedables v. Ozimals

…of that position. This ruling addresses Amaretto’s request for a TRO based on 17 USC 512(f), which the court grants. This is now the third time I’ve seen 512(f) used…

Viacom, FAPL and Amici File Briefs in Viacom v. YouTube Second Circuit Appeal

…its protection under Section 512 of the Copyright Act, as amended by the DMCA is knowledge of specific instances of infringement. The district court’s holding is consistent with the legislative…

Apple Gets Partial Win in Case Alleging Copyright Infringement by iPhone App — Stewart v. Apple Inc.

…no dispute about this, and Stewart conceded this issue. What’s interesting is that Apple did not raise an argument that it was entitled to DMCA 512 protection either in its…

Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path

…including (1) is an eBay VeRO notice a 512(c)(3) takedown notice for purposes of 512(f), and (2) if so, does 512(f) support equitable remedies? On the first Q, see Dudnikov…

Amazon Isn’t Liable for Rogue Affiliate’s Keyword Ad Buys–Sellify v. Amazon

…17 USC 512, adhering to a trademark notice-and-takedown procedure is clearly a best practice. The court rejects all of Sellify’s state law claims, saying they require “proof that either Amazon…

Blogger Wins Fair Use Defense…On a Motion to Dismiss!–Righthaven v. Realty One

…by users. As discussed above, Righthaven never sends 512(c)(3) takedown notices, but Righthaven apparently only sues defendants who haven’t made the required 512-related filing with the Copyright Office. Even so,…

Google Protected by 17 USC 512(d) for Links to Infringing Content; Perfect 10’s Takedown Notices Were Mostly Insufficient

…as required by 512(c)(3), nor does Google have to navigate multiple documents to piece together the 512(c)(3) elements. The court helpfully lays out how the 512(c)(3) information must be presented…

Scribd Can’t Shake Copyright and Publicity Rights Lawsuit on Motion to Dismiss–Williams v. Scribd

…succeed because RapidShare never indexes the file itself. The court also rejects an inducement claim. Regarding contributory infringement, without 512 eligibility, Perfect 10 does not need to send 512(c)(3) notices….

Idaho District Court Dismisses CAN-SPAM Claims Due to Non-ISP Status — Melaleuca, Inc. v. Hansen

…involving Melaleuca, this one involving an expedited DMCA subpoena which also touched on the copyrightability of a take-down letter: “Co-Blogger Identity Isn’t Disclosed via 512(h), but Takedown Letters Are Copyrightable.”…

YouTube Gets Decisive Win in Viacom/FAPL Case

…application here.” Grokster, Fung and LimeWire all involved P2P file sharing services, which are not covered by 512 (although I’ve always thought 512(d) deserved more consideration than it did). The…

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