Bit-Torrent Copyright Litigation Updates, and a Potentially Significant Decision on Joinder
[Post by Venkat Balasubramani] We don’t track the numerous mass file sharing cases going on around the country. There are too many of them, and it’s not easy to glean any sort of a clear trend. But here are a…
Amazon Not Liable for Affiliates’ Allegedly Bad Acts–Routt v. Amazon
By Eric Goldman Routt v. Amazon.com, Inc., C12-1307JLR (W.D. Wash. Nov. 30, 2012) Sandy Routt is an artist (check out SandysBeachGifts.com if you care). She claims that Amazon affiliates (called “associates” in Amazon’s vernacular) displayed her copyrighted photos (product shots)…
The Problems With Software Patents (Forbes Cross-Post)
By Eric Goldman The U.S. patent system largely treats all innovations equally, but innovation often works quite differently in different industries. In particular, the software industry differs from other major innovative industries–such as computer hardware and biotech/pharmaceuticals–in several key ways,…
District Court Smacks Down Another “Avatar” Copyright Infringement Claim — Schkeiban v. Cameron
By Jake McGowan Schkeiban v. Cameron, No. 2:12-cv-00636 (C.D. Cal. 2012) As of this post, James Cameron’s movie Avatar has grossed roughly $2.78 billion. And as the old saying goes, “where there’s a hit, there’s a writ.” Given the film’s…
Intellectual Property on the Internet: A Brief Comparison of the Current Situation in Europe and the United States (Guest Blog Post)
by Guest Blogger Pablo García Mexía, J.D., Ph.D [Visiting Professor of Internet Law, The College of William & Mary. English translation by Morgan G. Fletcher, B.A. Cornell, William & Mary Law School, Class of 2014. The original Spanish version of…
Email That Says “Done .. thanks!” Doesn’t Transfer Copyrights – MVP Entertainment v. Frost
[Post by Venkat Balasubramani] MVP Entertainment, Inc. v. Frost, B235100 (Ca. Ct. App. Nov. 7, 2012) [pdf] We enjoy cases where people negotiate or modify contracts via email or other modern methods of communication. The underlying rules haven’t changed, and…
Social Media Producer’s Counterclaims Based on Website Ownership Rejected – Ardis Health v. Nankivell
[Post by Venkat Balasubramani] Ardis Health v. Nankivell, 11 Civ. 5013 (S.D.N.Y. Oct. 23, 2012) One of the many social media ownership disputes we blogged about was Ardis Health v. Nankivell, where a company sought, among other things, social media…
Plastic Surgeon Owns Copyright in Before-and-After Photos of Patient–Denenberg v. LED Technologies
By Eric Goldman Denenberg v. LED Technologies, LLC, 11-cv-03155-RBJ (D. Colo. Sept. 28, 2012) Dr. Steven Denenberg is a facial plastic surgeon. Like many doctors performing elective procedures, he takes before-and-after photos of his patients and publishes some of them…
Overreaching Anti-Circumvention Claim Shut Down–DISH Network v. World Cable
By Jake McGowan Dish Network L.L.C., et al, v. World Cable Inc., 11-CV-5219 (E.D.N.Y. 2012) In the hopes of ratcheting up damages, plaintiffs often try to assert any possible claim in their arsenal. In the realm of copyright law, this…
Consumer Review Website Isn’t Liable for Users’ Copyright Infringement–Ripoff Report v. ComplaintsBoard
By Eric Goldman Xcentric Ventures, LLC v. Mediolex Ltd., 2012 WL 5269403 (D. Ariz. October 24, 2012). The initial complaint. This is a long-running and ill-advised lawsuit by Ripoff Report against ComplaintsBoard for allegedly infringing Ripoff Report’s purported copyright in…