Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
By Eric Goldman Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011). Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a…
Court Affirms Robust ISP Protection For Blocking Bulk Emails — Holomaxx v. Microsoft/Yahoo
[Post by Venkat Balasubramani] Holomaxx v. Microsoft, 2011 WL 3740813 (N.D. Cal. Aug, 23, 2011) [pdf] Holomaxx v. Yahoo, 2011 WL 3740827 (N.D. Cal. Aug, 23, 2011) [pdf] Eric and I both previously posted on the Holomaxx cases, where Holomaxx…
Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq
[Post by Venkat Balasubramani with comments from Eric] Kirch v. Embarq, 10-2047-JAR (D. Kan. Aug. 19, 2011) The fallout from Nebuad’s ill-fated deep packet inspection continues to percolate through the courts. Plaintiffs sued NebuAd and ISPs in the same forum…
Backpage Gets 47 USC 230 Defense for Prostitution Ads–M.A. v. Village Voice
By Eric Goldman M.A. v. Village Voice Media Holdings LLC, 2011 WL 3607660 (E.D. Mo. Aug. 15, 2011) M.A. was the victim of a convicted sexual trafficker, Latasha Jewell McFarland. M.A. alleges that McFarland created child pornography of M.A., posted…
Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
By Eric Goldman Online copyright cases have been coming at such a furious pace that I haven’t had a chance to keep up. This blog post wraps up the last 4 months of decisions. Arista Records v. Myxer, Inc., 2:08-cv-03935-GAF-JC…
TheDirty Defeats Publicity Rights Claims–Gauck v. Karamian
By Eric Goldman Gauck v. Karamian, 2011 WL 3273123 (W.D.Tenn. July 29, 2011) TheDirty.com has an increasingly active litigation docket. This case comes from Lauren Lee Gauck Giovanetti, a TV news reporter for Fox 13 in Memphis, Tennessee. She sued…
Idea Submission Case Revived Against MySpace–Riggs v. MySpace
By Eric Goldman Riggs v. MySpace, Inc., 2011 WL 3020543 (9th Cir. July 25, 2011) Riggs created a popular MySpace page, only to have MySpace delete it twice. Not pleased by that turn of events, for years Riggs has been…
The “Graduated Response” Deal: What if Users Had Been At the Table? (Co-Authored Post)
[Cross-posted to EFF’s Deeplinks as well as here] By Corynne McSherry and Eric Goldman As was widely reported last week, several major internet access providers (including, very likely, yours) struck a deal last week with big content providers to help…
17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Ozimals
By Eric Goldman Amaretto Ranch Breedables, LLC v. Ozimals, Inc., 2011 WL 2690437 (N.D. Cal. July 8, 2011). I generally like furry critters, but I’m beginning to hate the virtual horses and virtual bunnies for their deleterious effect on Internet…
Comments on NY Highest Court Ruling on 47 USC 230–Shiamili v. Real Estate Group [Catch up post]
By Eric Goldman Shiamili v. The Real Estate Group of New York, Inc., 2011 WL 2313818 (N.Y. App Ct. June 14, 2011). My blog post on the intermediate appellate ruling. [I was traveling in mid-June and a few interesting rulings…