Court Orders Rightsowner to Withdraw DMCA Takedown Notices Sent to Amazon--Beyond Blond v. Heldman

Court Orders Rightsowner to Withdraw DMCA Takedown Notices Sent to Amazon–Beyond Blond v. Heldman

This case involves an Amazon seller, the plaintiff, who packages and republishes public domain cartoon videos, like Bugs Bunny, Popeye, and Mighty Mouse. The defendant is a rightsowner who claims that the Amazon seller infringes its rights. On that basis,…

Message Board Operator Isn't Liable for Third-Party Posts (DUH)--East Coast Test Prep v. Allnurses

Message Board Operator Isn’t Liable for Third-Party Posts (DUH)–East Coast Test Prep v. Allnurses

No need to check your watch. It’s still apocalyptic 2020, even though today’s blog post will take you back 15 years to when plaintiffs still hoped to hold message board operators liable for user posts. The caselaw has resoundingly thumped…

Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All

Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All

If you are a trademark owner suing over competitive keyword ads, you are almost certainly making a bad business decision, and your attorney might be milking your bank account. If you are an attorney representing a trademark owner in a…

Google Defeats Account Termination Case on Section 230 Grounds (Mostly)--Enhanced Athlete v. YouTube

Google Defeats Account Termination Case on Section 230 Grounds (Mostly)–Enhanced Athlete v. YouTube

This is another account termination case. The plaintiff ran two YouTube channels with 145k subscribers. The opinion implies that the channels hyped a steroid-like supplement not approved by the FDA (“SARMS”). As usual with cases in this genre, the plaintiff…

Comments on NTIA's Petition to the FCC Seeking to Destroy Section 230

Comments on NTIA’s Petition to the FCC Seeking to Destroy Section 230

As requested by the Trump anti-Section 230 Executive Order from May, NTIA submitted a 57 page petition to the FCC asking the FCC to make rules interpreting Section 230. The FCC, in turn, has put the petition out for public…

Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Rebecca Tushnet and I are pleased to announce the fifth edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * A DRM-free PDF file. Price: $12 * In Kindle. Price: $9.99…

A Second Circuit Panel Misunderstands the Copyright Act’s Statute of Limitations (Guest Blog Post)

By Guest Blogger Tyler Ochoa In Sohm v. Scholastic, Inc., 959 F.3d 39 (2d Cir. 2020), a Second Circuit panel held that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the…

The EARN IT Act Has Gotten Even More Terrible. So Of Course It's Moving Forward

The EARN IT Act Has Gotten Even More Terrible. So Of Course It’s Moving Forward

I previously blogged the EARN IT Act (S.3398) in February and March. The EARN IT Act is another entry in Congress’ long tradition of election-year initiatives that purport to advance children’s welfare, but actually use children as political props to…

IAP Defeats Vicarious Copyright Infringement Claim--UMG v. Bright House

IAP Defeats Vicarious Copyright Infringement Claim–UMG v. Bright House

In a good ruling for Internet access providers (IAPs), a court said that the IAP Bright House wasn’t vicariously liable for its users’ copyright infringing activity because the IAP lacked a direct financial benefit. The court says that the legal…

While Our Country Is Engulfed By Urgent Must-Solve Problems, Congress Is Working Hard to Burn Down Section 230

While Our Country Is Engulfed By Urgent Must-Solve Problems, Congress Is Working Hard to Burn Down Section 230

This post will be unusually blunt about my disenchantment with the state of our country, a topic I don’t normally discuss on the blog. Some of you will not like this post. I expect my next post will feel more…