Texas and Its Amici Try to Justify Censorship in Their NetChoice v. Paxton Fifth Circuit Briefs
…al EFF RCFP et al TechFreedom Texas response. Adam Candeub “expert” witness report. Motion to strike this report. Preliminary injunction motion. My blog post. NetChoice Declaration CCIA Declaration Declaration from…
Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen
…v. Universal * Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman *…
First Circuit Says Mirroring Qualifies for Section 230–Monsarrat v. Newman
…with negative Ripoff Reports critiquing him. Goren won a default judgment against the poster and then improperly got the state court to transfer the copyrights to the offending posts to…
U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)
…refuse registration. At the time, the Copyright Office stated that this language was intended to codify the doctrine of fraud on the Copyright Office. U.S. Copyright Office, Annual Report of…
Another 512(f) Claim Fails–Moonbug v. Babybus
…DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice of Claimed Infringement Not…
Section 230 Immunizes TikTok for User-Posted Videos–Day v. TikTok
…on any of the videos claiming they might contain sensitive material; did not remove any of the videos from its platform; did not report the videos to any child abuse…
A Twitter Thread on the EARN IT Act
…hear if the commission thinks that’s a good idea. Services already filter CSAM automatically (PhotoDNA) & report CSAM to law enforcement. EARN IT assumes they can do more, but removing…
Catching Up on Recent FOSTA Developments (None of Them Good)
…it ordered the GAO to produce a report on how litigants were using their new tools. The report was due in April 2021. 2 months later, GAO delivered its report,…
The First Amendment Protects Twitter’s Fact-Checking and Account Suspension Decisions–O’Handley v. Padilla
…But the only evidence of joint action was the single November 2020 report from the California Secretary of State’s office to Twitter, and that report “did not direct or even…
Section 230 Preempts Claims Against Omegle–M.H. v. Omegle
…rebuttal report in this case, but the court granted the motion to dismiss without reaching the reports. More SESTA/FOSTA-Related Posts: * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. v….