Academic Literature Recap, Q4 2011
By Eric Goldman I’m mired in grading heck, slogging my way through 146 exams. As a result, blogging has taken a back seat. I have several key items to blog, including the UMG v. Shelter Capital and Ascentive v. Opinion…
Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements
By Eric Goldman With all of the focus on SOPA/PIPA/OPEN, it’s easy to lose sight that a Copyright Office proposal seriously jeopardizes the 17 USC 512 online safe harbors for many service providers. Specifically, the Copyright Office proposes to expire…
If You Dislike SOPA, You’ll Dislike This Case Too–True Religion v. Xiaokang Lei
[Post by Venkat Balasubramani, with comments from Eric] True Religion v. Xiaokang Lei (S.D.N.Y.) (TRO; Nov. 18, 2011) (Prelim. Injunction; Dec. 2, 2011). The initial complaint. We recently blogged about a case where Chanel obtained surprisingly broad remedies against domain…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
By Eric Goldman Sen. Wyden and Rep. Issa have released a draft of OPEN: Online Protection & ENforcement of Digital Trade Act, intended as an alternative to SOPA/PROTECT-IP. See my prior posts opposing SOPA and linkwrapping the discussion. Unlike SOPA’s…
I Don’t Heart SOPA or PROTECT-IP: A Linkwrap
By Eric Goldman Venkat and I have been covering SOPA and related topics. In case you missed our posts: * Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act * Court OKs Private Seizure of Domain Names Which Allegedly…
Ad Network Avoids Contributory Copyright Infringement for Serving Ads to a Rogue Website–Elsevier v. Chitika
By Eric Goldman with comments from Venkat Elsevier, Ltd. v. Chitika, Inc., 2011 WL 6008975 (D. Mass. Dec. 2, 2011). Chitika’s brief supporting its motion for judgment on the pleadings. Elsevier’s opposition. Chitika’s proposed reply brief. As Venkat recently indicated,…
Spiritual Group’s Attempt to Unmask Online Critics Goes South–Art of Living Foundation v. Does
[Post by Venkat Balasubramani] Art of Living Foundation v. Does, 10-cv-05022-LHK (N.D. Ca.; Nov. 9, 2011) Art of Living Foundation is an organization based in India that is dedicated to teaching the spiritual lessons of “His Holiness Ravi Shankar.” Defendants…
Dangerous Copyright Office Proposal to Undercut the DMCA Online Safe Harbors
By Eric Goldman In light of SOPA and its capacity to destroy the current online safe harbor scheme, it seems almost quaint to keep worrying about 17 USC 512. However, unless SOPA/PROTECT-IP passes, 512 remains an essential part of the…
Can A Copyright Be Assigned By Email?–Hermosilla v. Coca-Cola
By John Ottaviani with comments from Venkat and Eric Vergara Hermosilla v. The Coca Cola Company, No. 11-11317 (11th Cir. Nov. 3, 2011). Can a copyright be assigned by an exchange of emails? Section 204(a) of the Copyright Act provides…
Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act
By Eric Goldman [Note: I’ve been working on this post for about 2 weeks, so my apologies if my comments are duplicative of the intervening discussion about the bill] The DMCA online safe harbors have worked pretty well over the…