September 2008 Quick Links, Part 2
By Eric Goldman Copyrights * In the Harry Potter fair use case, the court declared that the Lexicon encyclopedia isn’t fair use. * The judge declared a mistrial in the Jammie Thomas case. * Designer Skin v. S&L Vitamins has…
Licensing a Work, and When Licensing Doesn’t Work–Reuters v. GMU
A timely Exhibit A in the argument that contract law is being used as a back-door wedge in expanding copyright. By Ethan Ackerman Just as Bruce Boyden seriously asks, “is the case for contracts somehow expanding copyright rights vastly overstated?”…
Perfect 10 v. Google on Remand, and 230 as an Affirmative Defense
By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2008 WL 4217837 (C.D. Cal. July 16, 2008) You recall this case involving Perfect 10’s allegations that Google and Amazon (and, in a subsequent complaint, Microsoft) are infringing its rights by…
August 2008 Quick Links, Part 2
By Eric Goldman Net Neutrality * The FCC gets on Comcast’s case for deceptively blocking BitTorrent connections without disclosure. While I don’t know anyone who has defended Comcast’s behavior here, at the same time there is an undercurrent of concern…
Io v. Veoh Comments–a Terrific 512(c) Defense-Side Win
By Eric Goldman IO Group v. Veoh Networks, Inc., 5:2006cv03926 (N.D. Cal. Aug. 27, 2008) We spend so much time thinking about and debating 17 USC 512(c) that it’s easy to lose sight of how few cases really interpret the…
Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal
DMCA notice & takedown provisions upheld in Lenz v. Universal By Ethan Ackerman A recent ruling in Lenz v. Universal shows just how far being right about something can get you – barely past a motion to dismiss. It just…
July 2008 Quick Links, Part I (IP Edition)
By Eric Goldman Copyright * Granger v. Gill Abstract Corp., 2008 WL 2791264 (S.D.N.Y. July 18, 2008). A title company admitted infringing the defendant’s copyrighted “rate calculator” by posting it to the title company’s website. The plaintiff demanded actual damages…
“DVR as a Service” Isn’t Copyright Infringement–Cartoon Network v. CSC Holdings
By Eric Goldman The Cartoon Network LP v. CSC Holdings, Inc., No. 07-1480-cv(L) & 07-1511-cv(CON) (2d Cir. Aug. 4, 2008) The Second Circuit has issued an interesting and potentially important ruling that Cablevision’s DVR as a service does not infringe…
Still Not Copyright: Para-Copyright Revisited–Blueport v. US
Another friendly reminder that not everything related to copyright is copyright. By Ethan Ackerman The Copyright Act is a curious critter. Litigants seem to keep finding ways to get unexpectedly drawn into it when they don’t want to and ways…
When breaking news breaks copyright
Community blog Drudge Retort receives DMCA notices from the Associated Press for links, quotes. by Ethan Ackerman Rogers Cadenhead is a blogger. A prolific one in fact, with a personal blog and the role of editorial director at the commenter-driven…