Court Authorizes Unmasking Subpoena in Copyright Case–In re DMCA Subpoena to GoDaddy
The copyright owner Tamaris claims that 100+ websites, including “casinoestelar.com” and “powerbet.win,” infringe their copyrights. The copyright owner obtained a 512(h) unmasking subpoena and served it on GoDaddy. GoDaddy notified the site operator, who asked the court to quash the…
Copyright Lawsuits Over Embedding Are Still a Thing
After the Ninth Circuit’s Hunley v. Instagram ruling in 2023, I naively assumed that the case established essential precedent that would quickly end other legal challenges to embedding. WRONG! The anti-embedding cases seem to be going strong, especially in SDNY….
YouTuber Loses Account Suspension Case Again–Hall v. YouTube
This is a futile account termination/content removal case, like dozens before it. Prior blog post. So I’m blogging this ruling for completion, not significance. After the prior dismissal, the YouTuber filed an amended complaint: The FAC complains that YouTube engaged…
Using a Meme in Your Advertising? Clear the Publicity Rights–FJerry v. Oasis Energy
This case involves a photo from the “Dude With Sign” meme series, featuring Seth Phillips in the titular role: An advertiser, Oasis Energy, modified the meme to promote its offerings in two social media posts: FJerry owns both the copyright…
Copyright Claims Over Content Syndication Sniping Can Proceed–Next Impulse v. NewsBreak
Comeback Media operates several media properties, including a sports site named “Next Impulse.” It publishes new articles and syndicates them to other websites, including Newsbreak. The syndication was a “non-contractual relationship” that generated $250k/month. [What is a “non-contractual relationship”? Sounds…
Copyright Takedown Notices May Be Affecting Your Washing Machine Options–Ningbo Yituo v. GoPlus
The litigants are rival washing machine makers–GoPlus and Ningbo Yituo–who source their products from the same OEM, Ningbo Baike Electric Appliance. As a result, “the body patterns of Plaintiffs’ and Defendant’s washing machines are identical due to the shared use…
When Does Content Moderation Trigger Direct Copyright Infringement?–LoopNet v. CREXi (Catch-up Post)
[My standard lament about Westlaw’s delays processing opinions from the Central District of California.] CoStar (LoopNet) and CREXi are involved in a 5+ year litigation war that has already reached the Ninth Circuit at least once. The docket has 1,200+…
512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing instructions for the cube to the Internet, subject to a…
512(f) Doesn’t Support Preliminary Injunction–BViral v. TheSoul
TheSoul runs a Facebook account that seeks to publish viral content, much of which it purports to license. BViral is a video licensing organization with a 65k video portfolio. TheSoul claims that BViral sent 512(c)(3) takedown notices to Facebook targeting…
Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox
The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the host, at which point the web host can remain legally…