Did a Court Eliminate 512(h) Subpoenas?–Maximized Living v. Google
By Eric Goldman with additional comments from David Gingras Maximized Living, Inc. v. Google, Inc., 2011 WL 6749017 (N.D. Cal. Dec. 22, 2011). The initial 512(h) subpoena. The Justia page. 17 USC 512(h) is a relic of a different era….
SOPA/PROTECT-IP/OPEN Linkwrap #2
By Eric Goldman It’s been a busy time for news related to SOPA (the Stop Online Piracy Act, not the Stop Online Privacy Act, although that could be an unintended result!), PROTECT-IP/PIPA, and the OPEN Act. In a bit, I’ll…
Nov.-Dec. 2011 Quick Links, Part 1
By Eric Goldman 47 USC 230 * Wang v. OCZ Technology Group, Inc., 2011 WL 4903190 (N.D. Cal. Oct. 14, 2011). In a false advertising suit, the plaintiff argued that the defendant quoted/linked to third party testimonials on the defendant’s…
UGC Website Hit With Spoliation Sanctions–Io v. GLBT
By Eric Goldman [This is one of those blog posts that got stuck in queue. It’s still pretty interesting, so I’m sharing at this relatively late date. Happy new year!] Io Group Inc. v. GLBT Ltd., 2011 WL 4974337 (N.D….
Ripoff Report May Be “Appalling,” But It Still Gets 47 USC 230 Immunity–Giordano v. Romeo
By Eric Goldman Giordano v. Romeo, 2011 WL 6782933 (Fla. App. Ct. Dec. 28, 2011). [Disclosure note: I joined an amicus brief in support of Ripoff Report’s position, written by Paul Levy of Public Citizen] One sign of a good…
UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness
By Eric Goldman UMG Recordings, Inc. v. Shelter Capital Partners LLC, 2011 WL 6357788 (9th Cir. Dec. 20, 2011). My prior blog posts on district court rulings on Veoh’s 512(c) safe harbor and attorneys’ fees/Rule 68. Make no mistake, web…
Academic Literature Recap, Q4 2011
By Eric Goldman I’m mired in grading heck, slogging my way through 146 exams. As a result, blogging has taken a back seat. I have several key items to blog, including the UMG v. Shelter Capital and Ascentive v. Opinion…
Hyundai Gets a Pass from the FTC on Endorsement Issues, in Part Due to Its Social Media Policy
[Post by Venkat Balasubramani with updated comments from Eric] In re Hyundai Motor America, FTC File No. 112-3110 (Nov. 16, 2011) [.pdf] We’ve posted on the FTC endorsement guidelines, which broadly require disclosure of relationships, and incentives provided to those…
Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements
By Eric Goldman With all of the focus on SOPA/PIPA/OPEN, it’s easy to lose sight that a Copyright Office proposal seriously jeopardizes the 17 USC 512 online safe harbors for many service providers. Specifically, the Copyright Office proposes to expire…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
By Eric Goldman Sen. Wyden and Rep. Issa have released a draft of OPEN: Online Protection & ENforcement of Digital Trade Act, intended as an alternative to SOPA/PROTECT-IP. See my prior posts opposing SOPA and linkwrapping the discussion. Unlike SOPA’s…