Veoh Denied Attorneys’ Fees in UMG v. Veoh. Does FRCP 68 Apply to Copyright Cases?
By Eric Goldman UMG Recordings, Inc. v. Veoh Networks Inc., 2010 WL 1407316 (C.D. Cal. April 6, 2010) Copyright law contains a statutory fee-shifting/”loser pays” provision (17 USC 505) that, in specified circumstances, gives the judge discretion to award attorneys’…
Ochoa on the Legacy of the Statute of Anne
By Guest Blogger Tyler Ochoa Today marks the 300th Anniversary of the effective date of the Statute of Anne, the first modern copyright law. Although copyright law has changed a great deal in the past 300 years, the legacy of…
“Mistake of Age” Defense When a Sexual Abuse Victim Inflated Her Age on MySpace
By Eric Goldman I continue to see a troubling number of cases in Westlaw that involve an overaged male and underaged female having illegal sex, in some case facilitated by a social networking site (especially MySpace). In the past few…
In Aggregation Case, Israeli Court Says Online Ads Aren’t Copyrightable (Guest Blog Post)
By Guest Blogger Yoram Lichtenstein, Adv. [Eric’s note: Yoram previously shared some perspectives on a case involving live streaming of sports events. He now writes about another one of his cases, this time involving online aggregation websites. He represented the…
Facebook Preliminarily Wins Copyright Lawsuit over Third Party App–Miller v. Facebook
By Eric Goldman Miller v. Facebook, Inc., 2010 WL 1292708 (N.D. Cal. March 31, 2010) Miller developed a videogame called Boomshine. He is upset that Yeo made an allegedly infringing knockoff variation of the game, called ChainRxn, and distributed the…
230 Protects Newspaper from Liability for Reader Comments–Collins v. Purdue
By Eric Goldman Collins v. Purdue University, 2010 WL 1250916 (N.D. Ind. March 24, 2010) The plaintiff, Timothy J. Collins, III, is a Purdue student. The defendant in this ruling is Federated Publications, which publishes a Lafayette, Indiana daily newspaper,…
eBay Mostly Beats Tiffany in the Second Circuit, but False Advertising Claims Remanded
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., 2010 WL 1236315 (2d Cir. April 1, 2010) In a subtle opinion with potentially significant implications, eBay has preserved most of its big 2008 district court victory in the long-running Tiffany…
March 2010 Quick Links
By Eric Goldman Internet Exceptionalism * Stern v. Sony Corp., CV 09-7710 PA (C.D. Cal. Feb. 8 2010) “to the extent Plaintiff is suing Sony as a manufacturer of video games, and the provider of online services, Sony is not…
Unregulating Online Harassment Essay
By Eric Goldman I posted a very short essay to SSRN called Unregulating Online Harassment. This essay recaps and expands some of my remarks from the Denver University “Cyber Civil Rights” Symposium last November. I previously posted a lengthy recap…
YouTube Uploader Can’t Sue Sender of Mistaken Takedown Notice–Cabell v. Zimmerman
By Eric Goldman Cabell v. Zimmerman, 2010 WL 996007 (S.D.N.Y. Mar 12, 2010) A few other folks have written about this case already, but it’s worth noting a couple of points. Cabell posted a video, Pretty Faces, to YouTube. Actors’…