October 2008 Quick Links, Part 1 (Copyright Edition)
…lawyer complained to YouTube that YouTube was taking down campaign videos in response to 512(c)(3) notices too quickly. Really…what a shock. We’ve documented problems with 512(c)(3) notices and 512(f) lawsuits…
Rip-off Report Back in Court
…and trademark infringement. Among the interesting tidbits: (1) Rip-off Report successfully sent three DMCA 512(c)(3) takedown notices to the web host but is suing the web host anyway for failing…
Io v. Veoh Comments–a Terrific 512(c) Defense-Side Win
…win. A few other noteworthy aspects of this ruling: * a website’s failure to prevent terminated users from re-registering under alternative credentials does not preclude 512(c) * 512(c) is not…
Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal
…by 512(f)? This issue was sidestepped in prior litigation over 512(f) and eBay NOCIs. See Dudnikov v. MGA Entertainment. However, in the future, as Ethan points out, 512(f) defendants might…
Tiffany v. eBay District Court Opinion Analysis
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ. 4607 (RJS) (S.D.N.Y. July 14, 2008) It took most of the day, but I’ve finally read through the…
Content Generation and the Law
…512. 512 doesn’t go as far as 230 at enabling different content generation approaches, but it still provides some insulation from liability for user-caused copyright infringement. In addition to these…
Online Advertising Conference Recap
…Ex: the 512 notice-and-takedown provisions, Google’s policy on TMs in ad copy. 2) There is pressure to move away from a robust interpretation of 47 USC 230. Ex: Roommates.com, the…
State of the Net Conference Recap
…512(a)? If so, then no one could ever qualify for 512(a). It’s not beyond Congress to draft a safe harbor that describes a null set of activity (see, e.g., 512(d)),…
Tiffany v. eBay Post-Trial Briefs
…“rats nest” for Tiffany counterfeits (presumably, the rodential analogy to “red flags” of infringement under 512). * eBay says that Tiffany has dedicated only 0.1% of its gross sales to…
Co-Blogger Identity Isn’t Disclosed via 512(h), but Takedown Letters Are Copyrightable
…not seeking 512 protection be obligated to fork over information in response to the expedited subpoena procedure of 512(h)? This court assumes the answer is yes, and the statute facially…