Agence France-Presse Claims Twitter’s Terms of Use Authorize Its Use of Photographs Posted to TwitPic — Agence France-Presse v. Morel
[Post by Venkat] Agence France-Presse v. Morel, Case No. 10-civ-2730 (S.D.N.Y.) (March 26, 2010) The Agence France-Presse (AFP) is involved in litigation over photographs it acquired through Twitter. This could turn into a debacle for AFP, if it hasn’t already…
Record Album Only Supports One Statutory Damages Award–Bryant v. Media Right
By Eric Goldman Bryant v. Media Right Productions, Inc., 09-2600-cv (2d Cir. April 27, 2010). My previous blog post on this case under the name Bryant v. Europadisk. Wow, talk about snatching defeat from the jaws of victory. The plaintiffs…
Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil
[Post by Venkat, with additional comments from Eric below] Snap-on Business Solutions Inc. v. O’Neil & Assocs., Inc. (N.D. Ohio April 16, 2010) [scribd] Snap-on is one of those cases that’s great because the court canvasses the various claims that…
Veoh Denied Attorneys’ Fees in UMG v. Veoh. Does FRCP 68 Apply to Copyright Cases?
By Eric Goldman UMG Recordings, Inc. v. Veoh Networks Inc., 2010 WL 1407316 (C.D. Cal. April 6, 2010) Copyright law contains a statutory fee-shifting/”loser pays” provision (17 USC 505) that, in specified circumstances, gives the judge discretion to award attorneys’…
Ochoa on the Legacy of the Statute of Anne
By Guest Blogger Tyler Ochoa Today marks the 300th Anniversary of the effective date of the Statute of Anne, the first modern copyright law. Although copyright law has changed a great deal in the past 300 years, the legacy of…
In Aggregation Case, Israeli Court Says Online Ads Aren’t Copyrightable (Guest Blog Post)
By Guest Blogger Yoram Lichtenstein, Adv. [Eric’s note: Yoram previously shared some perspectives on a case involving live streaming of sports events. He now writes about another one of his cases, this time involving online aggregation websites. He represented the…
Facebook Preliminarily Wins Copyright Lawsuit over Third Party App–Miller v. Facebook
By Eric Goldman Miller v. Facebook, Inc., 2010 WL 1292708 (N.D. Cal. March 31, 2010) Miller developed a videogame called Boomshine. He is upset that Yeo made an allegedly infringing knockoff variation of the game, called ChainRxn, and distributed the…
March 2010 Quick Links
By Eric Goldman Internet Exceptionalism * Stern v. Sony Corp., CV 09-7710 PA (C.D. Cal. Feb. 8 2010) “to the extent Plaintiff is suing Sony as a manufacturer of video games, and the provider of online services, Sony is not…
YouTube Uploader Can’t Sue Sender of Mistaken Takedown Notice–Cabell v. Zimmerman
By Eric Goldman Cabell v. Zimmerman, 2010 WL 996007 (S.D.N.Y. Mar 12, 2010) A few other folks have written about this case already, but it’s worth noting a couple of points. Cabell posted a video, Pretty Faces, to YouTube. Actors’…
Craigslist Wins $1.3M Default Judgment Against Autoposting Facilitator — craigslist v. Naturemarket
[Post by Venkat] craigslist, Inc. v. Naturemarket, Inc., Case No. C 08-05065 PJH (MEJ) (N.D. Cal. March 5, 2010) [scribd] (report and recommendation adopted on February 5, 2010) Craigslist obtained a 1.3 million dollar default judgment against defendants Naturemarket, Inc….