You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas
Today is April Fool’s day, and longtime readers know that I do not participate in gags that undermine my credibility as a blogger. So this post is 100% true, even if it might sound farcical. * * * This ruling…
Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
By guest blogger Elizabeth Townsend Gard, John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB)…
Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3)
by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the second of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes. The first part looked at defendant opt-outs.] As of March…
Copyright Claims Board (CCB) Opt-Outs – How’s That Going? (Guest Blog Post–Part 1 of 3)
by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the first of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes.] CCB respondents may opt out of a proceeding within 60…
My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry
I’m pleased to share a draft of a new paper, “A SAD New Category of Abusive Intellectual Property Litigation.” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme”…
A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa calls this a “preliminary” analysis, but that doesn’t mean it’s short!] Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster…
If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP
Vivek Shah attended several Hollywood parties. While there, he preset the settings on his phone camera (including shutter speed, white balance, ISO, metering type, and exposure value) and asked friends or bystanders to use his phone to take photos of…
2022 Internet Law Year-in-Review
Three dynamics combined to make 2022 a brutal year for Internet Law. First, the techlash is taking its toll. There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control….
2H 2022 Quick Links, Part 3 (Copyrights and More)
Copyright * Wallster, Inc. v. Redbubble, Inc., 2022 U.S. Dist. LEXIS 198181 (C.D. Cal. Oct. 21, 2022): this Court rejects Wallshoppe’s argument that recklessness is enough to meet the knowledge requirement for contributory copyright infringement… Wallshoppe alleges Defendant has a…
Another Copyright Owner Learns Why It’s Better to Send DMCA Takedown Notices Before Suing–BMG v. Likee
Likee is a TikTok-like app that allows users to publish short videos, often set to music. Without sending DMCA takedown notices, BMG sued it for direct and contributory copyright infringement. The court dismisses those claims. Direct Infringement. The court says…