Ad Network Avoids Contributory Copyright Infringement for Serving Ads to a Rogue Website–Elsevier v. Chitika
…the tertiary liability aspect of this case–that Chitika was a support provider to a site that only provided links to allegedly infringing files. To me, it would be entirely appropriate…
Q3 2011 Quick Links, Part 1 (Copyright Edition)
…infringement. * Tertiary liability copyright infringement claims against CNET for distributing LimeWire dropped. In other LimeWire news, as part of a deal with the Maryland AG, LimeWire will notify users…
April-May 2011 Quick Links, Part 2 (Copyright Edition)
…development, CNET was sued for facilitating copyright infringement by distributing LimeWire. Tertiary infringement anyone? * Another copyright owner gets a Pyhrric victory on damages. In Gaylord v. US, the Postal…
Stanford Technology Law Review Symposium on Secondary IP Liability
…as a credible site—what I call the tertiary invisible hand in this paper. The same dynamic might play out for copyright, in that some service providers might want a reputation…
Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
…believe Pharmatext is a linking site that isn’t the direct infringer. So WPPS is a distant service provider to a possible secondary infringer. Tertiary liability, anyone? The court’s response? It…
September 2010 Quick Links, Part 2
…trial’s venue due to either popular YouTube videos related to defendants (which do not indicate the geography of viewers) or a Wikipedia entry. * In re Methyl Tertiary Butyl Ether…
Q1 2009 Quick Links, Part 1 (Copyright Edition)
…against tertiary copyright infringement! * Dahn World Co. Ltd. v. Eun Hee Chung (D. Md. Feb. 5, 2009). The court awarded the defendant attorneys fees in an unmeritorious 1201 anti-circumvention…
Copyright Infringement for Bundling with P2P File Sharing Software?
…in, but I’m just surprised to see no one question the legality of distributing with KaZaA. Any thoughts?” You can read my lengthy response about tertiary copyright infringement at her…
When a guitar is just a guitar
…least for any products that can effectively be labeled, product configuration operates at most as a secondary or tertiary source identifier. And if the labeling is actually done, it’s almost…