2022 Internet Law Year-in-Review
…amend a TOS? You probably need a click. (1, 2). Can 512(f) Claims Succeed? The answer remains “probably not,” but this year saw a rare appellate ruling for a 512(f)…
2H 2022 Quick Links, Part 3 (Copyrights and More)
…a more effective means to improve the position of press publishers in dealing with news aggregators” * White v. UMG Recordings, Inc., 2022 WL 17744001 (SDNY Aug. 16, 2022). 512(f)…
Another Copyright Owner Learns Why It’s Better to Send DMCA Takedown Notices Before Suing–BMG v. Likee
…for evidence that Likee knew of infringing videos. The court says no, telling the plaintiff to try submitting DMCA takedown notices and see what happens. Although the DMCA 512 safe…
512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless
…Group, LLC, 2022 WL 17403067 (C.D. Cal. Oct. 27, 2022) Prior Posts on Section 512(f) * Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA * 11th Circuit UPHOLDS a 512(f)…
Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v. RCN
…Ugh. The court then collapses much of the 1202 analysis into the 512 analysis, because hey! they were both in the DMCA. Ugh ugh ugh. 512(a) The 512(a) analysis get…
How Copyright Law Fosters Anti-Competitive Behavior, Part Infinity–Bayam v. ID Tech
…win a 512(f) claim for the bogus takedown notices, including lost profits for all improperly removed product listings. Note that a takedown notice sender’s failure to consult the deposit copy…
Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA
…Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v….
Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock
This is a 512(c) online copyright safe harbor case. We rarely see opinions like this any more. In 2022, I’ve blogged just one other 512(c) case (Davis v. Pinterest). (Business…
Using a CDN May Contribute to Finding Personal Jurisdiction–R18 v. ThisAV
…compliance disclosures, including pages specific to 512/DMCA and 2257, plus this odd statement: “[ThisAV.com] is a website available from its location in the United States of America. We at ThisAV.com…
11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports
…Benjamin * How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v. Longarzo * Another 512(f) Case Fails–Handshoe v. Perret * A…