I Don’t Heart SOPA or PROTECT-IP: A Linkwrap
By Eric Goldman Venkat and I have been covering SOPA and related topics. In case you missed our posts: * Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act * Court OKs Private Seizure of Domain Names Which Allegedly…
Ad Network Avoids Contributory Copyright Infringement for Serving Ads to a Rogue Website–Elsevier v. Chitika
By Eric Goldman with comments from Venkat Elsevier, Ltd. v. Chitika, Inc., 2011 WL 6008975 (D. Mass. Dec. 2, 2011). Chitika’s brief supporting its motion for judgment on the pleadings. Elsevier’s opposition. Chitika’s proposed reply brief. As Venkat recently indicated,…
Fraud Allegations Don’t Trump 47 USC 230–Hopkins v. Doe
By Eric Goldman Hopkins v. Doe #1, 2011 WL 5921446 (N.D. Ga. Nov. 28, 2011). The initial complaint. Hopkins’ lawsuit-related website. This lawsuit relates to allegedly defamatory statements that Does made about Hopkins on Topix. As a pro se, Hopkins…
Dangerous Copyright Office Proposal to Undercut the DMCA Online Safe Harbors
By Eric Goldman In light of SOPA and its capacity to destroy the current online safe harbor scheme, it seems almost quaint to keep worrying about 17 USC 512. However, unless SOPA/PROTECT-IP passes, 512 remains an essential part of the…
eBay Gets 47 USC 230 Dismissal of Products Liability Claim–Inman v. Technicolor
By Eric Goldman Inman v. Technicolor USA, Inc., 2011 WL 5829024 (W.D. Pa. Nov. 18, 2011) Today, I’m thankful for 47 USC 230. Whenever I think about it, I am still incredulous the law is on the books. Nowadays, Congress’…
Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act
By Eric Goldman [Note: I’ve been working on this post for about 2 weeks, so my apologies if my comments are duplicative of the intervening discussion about the bill] The DMCA online safe harbors have worked pretty well over the…
Good News/Bad News About the Number of Blogs Eligible for the 17 USC 512 Safe Harbor
By Eric Goldman My 2006 article about blog law included the following passage (footnotes omitted): few blogs satisfy the numerous technical prerequisites for ยง 512 eligibility, such as registering their websites with the U.S. Copyright Office. To assess this, on…
October 2011 Quick Links
By Eric Goldman Copyright * MUST READ from Techdirt: MPAA Helped Police Seize ‘Pirated’ DVDs That Were Actually Fully Authorized. On the topic of errors in determining copyright infringement, the incident a powerful reminder both that even those “in the…
Ninth Circuit Affirms Google’s Section 230 Win Over a Negative Business Review–Black v. Google
By Eric Goldman Black v. Google, Inc., 2011 WL 5188426 (9th Cir. Nov. 1, 2011). The complaint. The district court ruling. The Blacks sued Google over a negative third party review of their business published in an unspecified Google property….
Yahoo Partially Defeats Lawsuit Over Wrongful Account Termination–Buza v. Yahoo
By Eric Goldman Buza v. Yahoo, Inc., 2011 WL 5041174 (N.D. Cal. Oct. 24, 2011). The complaint. Buza claims Yahoo terminated two GeoCities accounts related to his advocacy efforts. Buza is proceeding pro se, which is typical for user lawsuits…