Scribd Can’t Shake Copyright and Publicity Rights Lawsuit on Motion to Dismiss–Williams v. Scribd
…10 requested a preliminary injunction, which requires the court to consider Perfect 10’s likelihood of success. Perfect 10’s direct copyright infringement claim, based on a 106(3) distribution, isn’t likely to…
Payment Service Providers May Be Liable for Counterfeit Website Sales–Gucci v. Frontline
…Perfect 10 v. Visa. Instead, the court stitched together crappy dicta from the Tiffany v. eBay case with Kozinski’s dissent in Perfect 10 v. Visa to come up with an…
Contributory Copyright Infringement Claim May Need Direct Infringer as a Defendant to Succeed–Miller v. Facebook
By Eric Goldman Miller v. Facebook, Inc., 2010 WL 2198204 (N.D. Cal. May 28, 2010) This is my third time blogging about this case (Jan. 2010 post; April 2010 post)….
Agence France-Presse Claims Twitter’s Terms of Use Authorize Its Use of Photographs Posted to TwitPic — Agence France-Presse v. Morel
[Post by Venkat] Agence France-Presse v. Morel, Case No. 10-civ-2730 (S.D.N.Y.) (March 26, 2010) The Agence France-Presse (AFP) is involved in litigation over photographs it acquired through Twitter. This could…
Search Engine Legal Developments to Watch in 2010
…and copyright. Pending US cases include Viacom v. YouTube, Perfect 10 v. Google and the Google Book Search settlement. Plus, Google’s tussles with AP, News Corp. and other news organizations….
February 2010 Quick Links
…companies place proper copyright notices on their works. This is consistent with language from BMG v. Gonzalez in the Seventh Circuit. * Perfect 10 and Amazon settle on confidential terms;…
Clickthrough Agreement With Acknowledgement Checkbox Enforced–Scherillo v. Dun & Bradstreet
By Eric Goldman Scherillo v. Dun & Bradstreet, Inc., 2010 WL 537805 (E.D.N.Y. Feb. 17, 2010) I teach my Cyberspace Law students that the most effective online contract formation process…
Kozinski and Goldfoot on Cyberspace Exceptionalism and Internet Regulation
…Judge Kozinski has been developing in his recent Internet jurisprudence, most notably the Roommates.com case and Perfect 10 v. Visa. Because Judge Kozinski plays a crucial role on the federal…
File Names Can Help Predict File Content in Child Porn Prosecution–US v. Beatty
…illicit value (see, e.g., the discussion in the uncited Perfect 10 v. ccBill case about websites with names like “illegal.net” and “stolencelebritypics.com”). The court correctly concludes that “common knowledge dictates…
Record Label Sues Google and Microsoft for Linking to Infringing Music–Blues Destiny v. Google
…avoid suing power players like Google and Microsoft–both well-funded defendants who aren’t likely to roll over on this issue. One of the major exceptions is the Perfect 10 v. Amazon…