512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations of Bogus Takedowns–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom Intern., Inc., 2012 WL 1435703 (D. Mont. April 25, 2012) Ouellette sued Viacom for sending allegedly bogus takedown notices for videos he posted to YouTube. His case has gone nowhere. In 2011, his ADA…
Internet Intermediary Law Slides from Stanford Guest Lecture
By Eric Goldman I recently guest-lectured at an Internet Law course at Stanford, run by Jennifer Granick and Richard Salgado. My slides. Jennifer asked me to cover 47 USC 230 and 17 USC 512 in a single session. I know…
“Social Media and Trademark Law” Talk Notes
By Eric Goldman Today, I gave a talk at Suffolk University’s event “Social Networking Sites: Law, Policy and Practical Strategies” on Social Media and Trademark Law. My talk notes: _____ 1. Overview A. Trademark doctrine is inherently elastic * Schizophrenia…
AdKnowledge Denied 47 USC 230 Immunity (Again)–Chang v. Wozo
By Eric Goldman Chang v. Wozo LLC, 2012 WL 1067643 (D. Mass. March 28, 2012) This case is a cross between Swift v. Zynga and Goddard v. Google. Tatto runs a website, Wozo, that sells art posters. It created a…
Second Circuit Ruling in Viacom v. YouTube Is a Bummer for Google and the UGC Community
By Eric Goldman Viacom International, Inc., v. YouTube, Inc., 10-3270-cv, 2012 WL 1130851 (2d Cir. April 5, 2012). The companion case is the Football Association Premier League Ltd. v. YouTube, 10-3342-cv Overview After five years in the courts, the Viacom…
Emailing the URL of an Allegedly Defamatory Post Immunized by 47 USC 230–Shrader v. Biddinger
By Eric Goldman Shrader v. Biddinger, 2012 WL 976032 (D. Colo. February 17, 2012). That ruling is the magistrate’s report. The judge adopted the magistrate report verbatim last week. The initial complaint. This case also produced an interesting 10th Circuit…
Another 512(f) Claim Fails–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom Intern., Inc., 2012 WL 850921 (D. Mont. March 13, 2012). Prior blog post on the case. Ouellette brought a 17 USC 512(f) claim against Viacom for sending bogus takedown notices. As we know, it’s…
TheDirty Gets Its First 47 USC 230 Win–S.C. v. Dirty World
By Eric Goldman S.C. v. Dirty World LLC, No. 11-CV-00392-DW (W.D. Mo. March 12, 2012) thedirty got a 47 USC 230 immunity–the first time it has qualified for Section 230–in the lawsuit by Stephanie Crabtree (S.C.). This isn’t thedirty’s first…
Another Newspaper Isn’t Liable for User Website Comments Per 47 USC 230–Spreadbury v. Bitterroot Library
By Eric Goldman Spreadbury v. Bitterroot Public Library, 2012 WL 734163 (D. Montana March 6, 2012). Magistrate’s Findings and Recommendations from November 2011 (Spreadbury v. Bitterroot Public Library, 2011 WL 7462038 (D.Mont. November 30, 2011). The Justia page. It’s not…