Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v. Universal
…implications for future 512(f) cases. 512(f) says that the sender of an impermissible takedown notice “shall be liable for any damages, including costs and attorneys’ fees, incurred [by the 512(f)…
Facebook User Agreement Upheld in Copyright Infringement Lawsuit Over Third Party App–Miller v. Facebook
…from 512(c) or 512(d) coverage if the C&D satisfied the 512(c)(3) requirements. Even if Facebook can’t claim 512 protection, Miller faces a potential uphill battle proving his allegations that the…
Google and China: Some General Thoughts
…230 or (in most cases) even a weak safe harbor like 17 USC 512, plus local cultural norms may tolerate unpopular speech less than we do. So what should a…
512(f) Claim Dismissed on Jurisdictional Grounds–Project DoD v. Federici
By Eric Goldman Project DOD, Inc. v. Federici, 2009 WL 4910320 (D. Me. Dec. 13, 2009) 17 USC 512(f) creates a cause of action for sending bogus copyright takedown notices….
Torrent Sites Induce Infringement and Lose DMCA Safe Harbor–Columbia v. Fung
…culpable conduct in inducing third party infringement.” The 512 Safe Harbor Fung’s websites link to the actual BitTorrent files, so 512(d) (the DMCA safe harbor for linking to infringing works)…
Another Cautionary Tale of Joint Website Ownership–TEG v. Phelps [UPDATED]
…give rise to a 512(f) claim for misrepresented takedown notices because, for several reasons, Phelps had a subjective good faith belief in their legitimacy. * although Phelps infringed the corporation’s…
Record Label Sues Google and Microsoft for Linking to Infringing Music–Blues Destiny v. Google
…assault by suing RapidShare (theoretically eligible for 512(c) for hosting the infringing files) and the search engines, who are putatively covered by 512(d) for linking to infringing files (although this…
Another Copyright Owner Doesn’t Like 512(c)…and Thinks an Anti-Copying Filter is Copyright Infringing–Scott v. Scribd
…wildly misdirected. The 512(c) Assault With respect to 512(c) assault, the plaintiff doesn’t bring much new to the party. If 17 USC 512(c) preempts all flavors of copyright infringement (both…
Making Sense of the $32M Contributory Trademark Infringement Judgment Against a Web Host–Louis Vuitton v. Akanoc
…more expansive trademark take-down requests than I would in the copyright realm where 512(c)(3) spells out the specific requirements for a proper notice. In that respect, then, I think the…
Veoh Gets Yet Another Terrific 512 Defense Win–UMG v. Veoh
…are identical, and (2) in ccBill, the Ninth Circuit held that the 512(c) words “direct financial benefit”–immediately adjacent to “right and ability to control” in 512(c)–should be interpreted the same…