Top Internet Law Developments of 2017 (Very Late)
[It’s a sign of my busy 2018 that I’m only now posting my annual Internet Law year-in-review recap. Better late than never?] 2017 was a generally OK year for me personally. My wife’s health has been stable, I was able…
Copyright Office Won’t Register ‘Middle-Finger Pictogram’ As Literary Work–Ashton v. Copyright Office
Ashton created a coffee mug displaying the words “People Pleaser in Recovery” on the outside, the word “Refill” on the inside bottom, and a single-fingered salute on the outside bottom: Ashton applied for copyright registrations for 2D artwork and a…
D.C. Circuit Makes Geoblocking De Facto Mandatory for Copyright Law Purposes–Spanski v. TV Polska (Guest Blog Post)
by guest blogger Marketa Trimble On March 2, 2018, two events occurred that will affect the future of the use of geoblocking: The Official Journal of the European Union published the new EU Anti-Geoblocking Regulation, and coincidentally on the same day,…
The European Union Anti-Geoblocking Regulation Isn’t the End of the Anti-Geoblocking Battle (Guest Blog Post)
by guest blogger Marketa Trimble The EU Anti-Geoblocking Regulation has finally been published. After the Council of the European Union adopted the EU Anti-Geoblocking Regulation on February 27, 2018 (the European Parliament had adopted it earlier in the month), the Regulation…
Are Internet Access Providers Liable for Their Subscribers’ Copyright Infringements?–UMG v. Grande
By 2018, you’d think it would be clear when Internet access providers (I HATE the term “ISP”) are liable for user-committed copyright infringements. After all, the 1995 Netcom case discussed Netcom’s functions as an IAP, and the DMCA in 1998 codified…
Video News Aggregator Loses Fair Use Defense–Fox v. TVEyes
TVEyes aggregates video newsclips, makes them searchable, and lets subscribers watch responsive clips. One use case is for companies’ communications departments. They can set up searches for their brands in TVEyes’ database and monitor what’s being said about them. To…
In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News
Ugh, this decision is bad. How bad is it? It makes me sympathetic to Breitbart, and I didn’t even know that was possible. You may want a box of tissues nearby before reading this. The TL;DR: for over a decade, in-line linking has been treated…
Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox
BMG sued Cox for the alleged copyright infringement of its users. The court described Cox’s “graduated” policy for terminating subscribers: The first notice alleging a subscriber’s infringement produces no action from Cox. The second through seventh notices result in warning emails…
Copyright Owner Can Serve DMCA Counter-Notifier by Email–Epic Games v. Mendes
DMCA counter-notifications are rare, and litigation over them is even more rare. So my curiosity is piqued that this is the second 512(g) case I’m blogging in a week (the other: DMCA Counternotification Doesn’t Create Personal Jurisdiction in Copyright Owner’s…
DMCA Counternotification Doesn’t Create Personal Jurisdiction in Copyright Owner’s Home Court–Real v. Matteo
This case combines one of my favorite Internet Law topics, 17 USC 512, with one of my least favorite, personal jurisdiction. TL;DR: if a foreign national submits a 512(g) counternotification, it doesn’t ensure the copyright owner can sue in its home…