Jan.-Feb. 2012 Quick Links, Part 1 (Copyright Edition)
…servers are located outside of the United States.” * Perfect 10, Inc. v. Google, Inc., 2012 WL 685778 (Mem) (U.S. March 5, 2012). Supreme Court declined Perfect 10’s cert petition…
Trademark Owner Can’t Hold GoDaddy Liable for Domain Name Forwarding — Berhad v. GoDaddy
…analyzes the contributory cybersquatting claim under Perfect 10 and Lockheed and says that Petronas has to show that GoDaddy had knowledge and directly contributed to or induced the infringement. When…
UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness
…convoluted ruling in Perfect 10 v. ccBill, wrote a decisive and clear (well, as clear as the 9th Circuit gets…) opinion interpreting the crucial 512(c) safe harbor. This opinion is…
Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook
…publicity rights claim, which the 9th Circuit said was possible in Perfect 10 v. ccBill in a controversial statutory reading that has been rejected by every other court outside the…
Ad Network Avoids Contributory Copyright Infringement for Serving Ads to a Rogue Website–Elsevier v. Chitika
…dissent in Perfect 10 v. Visa is unhelpful to the plaintiffs: in contrast to Visa, Chitika did not provide an “essential” service to Saggi that enabled infringement on a “massive…
Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act
…the safe harbor’s scheme. It employs the same basic notice-and-takedown structure of 512, but it applies the cutoff obligations to payment processors and ad networks (thus effectively reversing Perfect 10…
October 2011 Quick Links
…pages 14-17). Prior blog coverage. * Megaupload settles with Perfect 10, and the judge vacated her opinion. Prior blog coverage. * Permanent injunction issued against Zediva. Prior blog coverage. *…
Yahoo Partially Defeats Lawsuit Over Wrongful Account Termination–Buza v. Yahoo
…get around any statutory immunities, but Constitutional claims routinely go nowhere. It’s 100% clear that privately owned online service providers like Yahoo aren’t state actors and therefore aren’t restricted by…
Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
…you’re interested in kicking this idea around, contact me. Perfect 10 v. Google, No. 10-56316 (9th Cir. Aug. 3, 2011) Perfect 10 is in the Ninth Circuit again. This Ninth…
April-May 2011 Quick Links, Part 2 (Copyright Edition)
…settled. * Angst over Lady Gaga’s requirement that photographers assign over the copyrights to the photos they take at her concerts. * Perfect 10 v Giganews complaint. * Flowserve Corp….