X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
by guest blogger Guy Rub, The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. A platform sues a web…
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
By Guest Blogger Tyler Ochoa Last week, the U.S. Supreme Court held 6-3 that assuming a copyright infringement claim is timely under the discovery rule of accrual, meaning that it was filed within three years of the date “when a…
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. Not that he meant to do this, mind you. He was trying to do the opposite….
Plaintiffs Make Some Progress in 512(f) Cases
This post recaps some recent 512(f) cases that have hit my alerts. Surprisingly, all of the decisions involve a positive ruling for the plaintiff, which is different from the typical past outcomes. Maybe the jurisprudential tide is turning? Bungie, Inc….
Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K
This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. This particular case, involving tattoo artist Hayden, videogame NBA 2K, and basketball players like LeBron James, reached a jury. The…
The Supreme Court Didn’t Change Secondary Copyright Liability Standards in the Taamneh Ruling—In re Frontier
This is another case asserting that Internet access providers are liable for their subscribers’ copyright infringements. The IAP, Frontier, argued that the Supreme Court’s ruling in Taamneh modified the venerable standards for secondary copyright infringement. The court doesn’t agree. The…
New Essay Comparing “Due Process” Approaches in the DMCA and DSA
As you know, I am not a fan of the EU’s DSA. Without First Amendment guardrails in the EU, the DSA represents a comprehensive government intrusion into the editorial processes of UGC services–with surely more intrusions to come. This will…
Judge Hammers SEC for Lying to Get an Ex Parte TRO–SEC v. Digital Licensing
As I’ve recently mentioned, ex parte proceedings are error-prone because the judge hears only one side of the story and doesn’t get enough context to spot the possible flaws. This systematic–and avoidable–risk of errors has materially contributed to the SAD…
Twitter Narrows, But Doesn’t Completely Avoid, a Dangerous Copyright Lawsuit–Concord Music v. X
Music publishers sued Twitter for users’ alleged copyright infringement. The court says that three aspects of the contributory copyright infringement claim survive Twitter’s motion to dismiss. Direct Copyright Infringement. The publishers argued that Twitter “transmitted” their works. The court says…
Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog
Tomelleri (who has appeared on this blog before) illustrates fishes (see court exhibit on the right). He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. If that rings a bell, it’s because just yesterday I blogged…