Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church
…512(f)–Brave New Media v. Weiner * 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…
On Remand, Ninth Circuit Says Robins Satisfied Article III Standing
…consumers. The court says: given the ubiquity of consumer reports in modern life—in employment decisions, in loan applications, in home purchases, and much more—the real-world implications of material inaccuracies in…
White-on-White Trademark Usage Might Constitute Initial Interest Confusion–Agdia v. Xia
…potential customer actually clicked on the link, constitutes credible evidence of “diversion”? As I explained in this expert report, and as the Lens.com case expressly held, an organic search result…
1H 2017 Quick Links Part 7 (Fake News, RTBF, Censorship, Extremist Content)
…North Korea uses sophisticated tools to spy on citizens digitally – report * Inside Higher Ed: “The University of California, Berkeley, will cut off public access to tens of thousands…
1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)
Defamation * Gillon v. Bernstein, Civ. No. 2:12-4891 (WJM) (D.N.J. Nov. 3, 2016). No liability for negative Ripoff Report. * Jackson v. Mayweather, 2017 WL 1131869 (Cal. Ct. App. March…
1H 2017 Quick Links, Part 4 (Copyright, Patent, More)
…dead. Good riddance. TorrentFreak. Variety. IP Watch. Prior blog post. * The Age: ‘Three strikes’ scheme for Aussie pirates scrapped: report * TorrentFreak: “A new academic study shows that graduated…
When Do Review Websites Commit Extortion?–Icon Health v. ConsumerAffairs
…design and operation of the website.” The court’s approach also implicitly conflicts with the many Ripoff Report and PissedConsumer rulings that addressed the review sites’ implementation. Despite this troubling discussion…
Recapping the “Can Technology Rescue Democracy” Essay Series at The Atlantic
…global view of the world. Instead of focusing resources on reporting, it would focus on aggregating and curating, pushing unfamiliar perspectives into our feeds and nudging us to diversity away…
Your Movements Shall Be Traced: The New EU Regulation on Cross-Border Portability (Guest Blog Post)
…physical movements, even if only at country-level detail (Recital 28). Some providers may choose to trace user movements in an unobtrusive way (e.g., by asking users to voluntarily report that…
1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts
…the agreements were in place.” Howard Hogan Expert Report To my knowledge, the expert reports have not been publicized released as a group. Nevertheless, the FTC attached the Hogan and…