Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson
…his report. I was asked to prepare a report rebutting Kent’s report (rather than prepare my own standalone expert report). Read my rebuttal report. As you know, expert reports become…
WARNING: Draft “No Immunity for Sex Traffickers Online Act” Bill Poses Major Threat to Section 230
…business around online prostitution ads. Backpage’s exit came immediately following the release of a staff report by the Senate Permanent Subcommittee on Investigations, with the give-away-the-ending title: Backpage.com’s Knowing Facilitation…
New Essay: Understanding the Consumer Review Fairness Act of 2016
…from reporters. Though the law’s objective is easy to state, it has a number of moving parts that cut across multiple legal disciplines, so explaining the whole story to reporters…
Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka
…clear why the supervising judge hasn’t acted on the magistrate’s uncontested report. Assuming the supervising judge approves the report, the plaintiff will get a total of $7,900 from this case…
Copyshop Covered By “Non-Commercial” Creative Commons License–Great Minds v. FedEx
…report “Defining ‘Noncommercial’: A Study of How the Online Population Understands ‘Noncommercial Use.‘” The report could be viewed as pretty damning of CC’s terminology; the executive summary acknowledges that “with…
Illinois Anti-SLAPP Law Doesn’t Apply To Law Firm Blog Posts–Bock & Hatch v. McGuireWoods
…the fact/opinion line; courts’ treatment of online discussions as inherently rough-and-tumble; courts’ treatment of hyperlinks as supporting citations; the fair reporting privilege; and anti-SLAPP laws. Unfortunately for us legal bloggers,…
A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius
…surprise in any other states, the action shifts to Congress. In a 2011 Report, the Register of Copyrights recommended that Congress bring pre-1972 sound recordings into the federal copyright system….
Ten Worst Section 230 Rulings of 2016 (Plus the Five Best)
…nonconsensual pornography. * Manchanda v. Google * Fakhrian v. Google (California Appeals Court). Google can’t be required to de-index a Ripoff Report. Compare Hassell v. Bird. * Albert v. Yelp….
2H 2016 Quick Links, Part 2 (Copyright & Open Access)
…Plaintiff’s unfiltered works, for approximately half of VidAngels users. * Public Knowledge: The Growing List of How the Copyright Office Has Failed Us. Full report. * Sisyphus Touring, Inc. v….
Ripoff Report Wins Lawsuit on Jurisdiction Grounds–Williams v. Dunn
Dunn posted a negative Ripoff Report about Williams. Williams asked Ripoff Report to remove it; he says Ripoff Report agreed to do so and then reneged. Williams sued Dunn for…