Copyright Office Gratuitously Kills the DMCA Safe Harbor For Thousands of Websites
This story has been like watching a train wreck in slow motion. In 2011 (yes, over 5 years ago), the Copyright Office announced that it was going to transition the designation of DMCA safe harbor agents from paper to electronic….
How Will Courts Handle A “Poor Man’s Copyright”?
I recently came across a complaint (in Vernon v. CBS) referencing a “poor man’s copyright,” and I couldn’t recall seeing the term in a legal filing or document before. This made me curious about whether any courts had discussed the…
Celebrating Judge Ronald Whyte’s Contributions to Internet Law
As you may know, Judge Ronald Whyte is retiring from the Northern District of California. Last week, a symposium at Stanford celebrated his contributions to IP law, especially patent law. The Recorder’s writeup. My photo album. Judge Whyte’s Contributions to…
Deleting Comments to County Facebook Page May Violate First Amendment–Davison v. Loudoun County
This is a case study on the problems that can arise when public records requirements meet modern forms of communications. On July 15, 2016, the Loudoun County Board of Supervisors held a public meeting. One of the supervisors elected to…
Call for Papers/Participation: 7th Annual Internet Law Works-in-Progress, SCU, March 4, 2017
We invite your participation in the Seventh Annual Internet Law Works-in-Progress conference at Santa Clara University School of Law, March 4, 2017. The conference series is co-sponsored by the High Tech Law Institute at Santa Clara University School of Law…
Some Comments on the CA/TX Attorneys’ General Prosecution of Backpage’s Executives
By now I’m sure you’ve heard that California Attorney General Kamala Harris is prosecuting three Backpage executives for pimping/conspiracy to pimp. This is the latest–and perhaps last–development in a decade-long effort by legislators, state AGs and local prosecutors to shut…
Ad Network Defeats Secondary Copyright Claims–ALS Scan v. JuicyAds
The plaintiff is this case is well-known pornographer/litigator ALS Scan. Today’s case involves an ad network, Tiger Media, which runs the JuicyAds network catering to pornography websites. ALS Scan’s real targets are alleged “pirate Internet sites” with names like imghili.net;…
An Interesting Online Personal Jurisdiction Ruling (No, Really!)–Rotblut v. Terrapinn
Yes, I know “interesting personal jurisdiction case” is an oxymoron, but hear me out. Jef Rotblut worked at UBO (he has apparently since changed employers) and claimed he “had an ‘excellent reputation and recognized expertise at developing risk[-]averse trading systems…
Spokeo Wipes Out FCRA Lawsuit Over “Improper” Mandatory Disclosures–Nokchan v. Lyft
As you recall, both the plaintiffs’ bar and defense bar declared that the Supreme Court’s Spokeo v. Robins ruling was a win for their side. Optimists might interpret that as a sign the Supreme Court found a magical win-win solution;…
Federal Court Rejects Online Gambling Lawsuit Against Valve–McLeod v. Valve
This lawsuit alleged that Valve “allowed an illegal online gambling market” based on its videogame Counter Strike Global Offensive (CSGO) and its Steam platform, an online marketplace where players can buy and sell virtual items and make payments. This lawsuit…