Comments on: Will Lower Courts Find Ways Around Cox v. Sony? You Betcha https://blog.ericgoldman.org/archives/2026/04/will-lower-courts-find-ways-around-cox-v-sony-you-betcha.htm Tue, 07 Apr 2026 18:43:00 +0000 hourly 1 By: DanLifschitz https://blog.ericgoldman.org/archives/2026/04/will-lower-courts-find-ways-around-cox-v-sony-you-betcha.htm#comment-4586 Tue, 07 Apr 2026 18:43:00 +0000 https://blog.ericgoldman.org/?p=28771#comment-4586 In reply to DanLifschitz.

I'm not sure that link came through and can't seem to edit my comment, so here's the full URL — the case is Chosen Figure LLC v. Kevin Frazier Prods., No. 22-06518, 2023 U.S. Dist. LEXIS 125669 (C.D. Cal. July 19, 2023): https://business.cch.com/ipld/ChosenFigureKevinFrazierProds20230719.pdf

]]> By: DanLifschitz https://blog.ericgoldman.org/archives/2026/04/will-lower-courts-find-ways-around-cox-v-sony-you-betcha.htm#comment-4585 Tue, 07 Apr 2026 18:31:00 +0000 https://blog.ericgoldman.org/?p=28771#comment-4585 I know several attorneys, myself included, who've had trouble with Judge Frimpong on copyright matters. In my case, she thought the Second Circuit had adopted the server test ( see page 9 ) and that it was a fair use consideration rather than a failing of the prima facie case (same link at page 11). I successfully disabused her of both notions on a motion for reconsideration, and although it didn't change her ultimate ruling (which I also think she botched), she at least fixed her worst doctrinal mistakes.

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