Oct.-Nov. 2007 Quick Links, Part 1
…web hosting customers really don’t have any recourse if their vendor just shuts them down. This is also why I find 17 USC 512(g) (the DMCA limit on liability if…
Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks
…complied. In response, the defendant moved its hosting offshore (thus out of reach of the takedown notices, but at a higher cost), and as a counterclaim brought a 512(f) claim…
eBay Sued for Failing to Take Down Listings–Hansson v. Brower
…trademark claims, and 512 only applies to copyright. eBay might be able to claim the innocent printer/publisher defense in 15 USC 1114(2), although Hansson has alleged that eBay has the…
August 2007 Quick Links, Part I
…why the Copyright Office hasn’t yet issued “final” regulations for the DMCA 512 registration of an agent for notice…9 years after the DMCA passed? * From the EFF: RIAA v….
Search Engine Strategies Copyright and Trademark Panel
…they would have been pouring their litigation costs into proactive marketing? – A lawsuit can get you into a worse position than you started. Ex: 512(f), anti-SLAPP, Rule 11 sanctions…
2007 Cyberspace Law Syllabus
…that segregation worked. * I deleted the following material: – Corbis v. Amazon. This was an excellent case to teach 512, but I think the ccBill case superseded it in…
Bracha Responds re. Search Engine Regulation
…512 and CDA 230. But they cannot have it both ways. Search engines cannot be “just conduits” for purposes of immunities and “media outlets” when it comes to regulating their…
Third Circuit Bounces Lawsuit Over Google Groups–Parker v. Google
…* Google isn’t liable for contributory copyright infringement because Parker didn’t allege the requisite knowledge of third party activity. The court doesn’t reference 512 in this discussion, but it does…
Tur v. YouTube SJ Motions Denied
…for summary judgment based on 512(c). Tur’s motion (that YouTube isn’t eligible for 512(c)) was denied because he failed to present adequate evidence that YouTube has the right and ability…
Summary of Perfect 10 Decision
…defense under Section 512 of the Digital Millennium Copyright Act (DMCA). The 9th Circuit clearly stated that the Section 512 defense is available for both direct and secondary laibility claims…