UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness
By Eric Goldman UMG Recordings, Inc. v. Shelter Capital Partners LLC, 2011 WL 6357788 (9th Cir. Dec. 20, 2011). My prior blog posts on district court rulings on Veoh’s 512(c) safe harbor and attorneys’ fees/Rule 68. Make no mistake, web…
Infringing Download Without Further Infringement Only Supports Lost License Fee–Real View v. 20-20
By Eric Goldman Real View LLC v. 20-20 Technologies, Inc., 1:07-cv-12157-PBS(D. Mass. Sept. 21, 2011). The jury verdict form. A June 2011 ruling with more background. Copyright damages may not seem like the sexiest topic, but the reality is that…
Academic Literature Recap, Q4 2011
By Eric Goldman I’m mired in grading heck, slogging my way through 146 exams. As a result, blogging has taken a back seat. I have several key items to blog, including the UMG v. Shelter Capital and Ascentive v. Opinion…
Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements
By Eric Goldman With all of the focus on SOPA/PIPA/OPEN, it’s easy to lose sight that a Copyright Office proposal seriously jeopardizes the 17 USC 512 online safe harbors for many service providers. Specifically, the Copyright Office proposes to expire…
Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook
By Eric Goldman Fraley v. Facebook, Inc., 2011 WL 6303898 (N.D. Cal. Dec. 16, 2012) Because Facebook does so many things that aren’t in users’ interests, their “Sponsored Stories” program barely registers. Nevertheless, Sponsored Stories demonstrates why many people are…
More on Ex Parte Cutoffs of Foreign “Rogue” Domain Names
By Eric Goldman I got the following email regarding our prior three posts on ex parte cutoffs of foreign “rogue” websites in the Chanel, True Religion and Philip Morris cases (I’m republishing the email with permission): __________ All of the…
“Economics of Privacy” Conference Recap
By Eric Goldman Earlier this month, I attended an event at University of Colorado Boulder called “The Economics of Privacy,” sponsored by the Silicon Flatirons center. A couple photos from the event: 1, 2. As usual, these notes reflect my…
Facebook Evidence Suppressed in Skater Brawl Prosecution–People v. Bignone
People v. Bignone, 2011 WL 6091756 (Cal. App. Ct. Dec. 8, 2011). Some background on the case. In my house, it’s not a party until someone spills, but my parties apparently are comparatively tame. This case involves a wild house…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
By Eric Goldman Sen. Wyden and Rep. Issa have released a draft of OPEN: Online Protection & ENforcement of Digital Trade Act, intended as an alternative to SOPA/PROTECT-IP. See my prior posts opposing SOPA and linkwrapping the discussion. Unlike SOPA’s…
I Don’t Heart SOPA or PROTECT-IP: A Linkwrap
By Eric Goldman Venkat and I have been covering SOPA and related topics. In case you missed our posts: * Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act * Court OKs Private Seizure of Domain Names Which Allegedly…