Q2 2018 Quick Links, Part 2 (Copyright)
…strong enough to revoke authorization, and Nosal prevents the TOU from delimiting authorization. * Weinberg v. Dirty World, LLC, 2017 WL 5665022 (C.D. Cal. April 24, 2017). 512(f) claim survives…
The “CREEPER Act” Would Be Yet Another Unconstitutional Law from Congress (Guest Blog Post)
…the disease sought to be cured.’…It must demonstrate…that the regulation will in fact alleviate these harms in a direct and material way.” (Turner Broadcasting System v. FCC, 512 U.S. 627…
Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin
…Chattels Ruling in 3Taps Case (Catch-up Post) 512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter…
Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)
…Congress intended to deprive a website of the safe harbor because it screened out child pornography and bestiality rather than displaying it. Instead, we read section 512(m) to say that…
A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo (Catch-up Post)
…on Section 512(f): * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk * Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church * ‘Reaction’…
DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk
…Liability–CrossFit v. Alvies * Another 512(f) Claim Fails–Tuteur v. Crosley-Corcoran * 17 USC 512(f) Is Dead–Lenz v. Universal Music * 512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations…
Top Internet Law Developments of 2017 (Very Late)
…512 Protection for Many Services. At the end of 2017, Section 512 protection ended for any websites that didn’t redesignate an agent with the Copyright Office pursuant to the Copyright…
Are Internet Access Providers Liable for Their Subscribers’ Copyright Infringements?–UMG v. Grande
…mentioned at all. That is disappointing, because 512(a) was supposed to have resolved this issue in the IAPs’ favor. Without 512(a) protection, IAPs face industry-ending liability for copyright infringement by…
Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox
…do with low-quality takedown notices. But perhaps the solution should lie within 512(f), not Cox putting its fingers in its ears and saying “I’m not listening…” I’d love to hear…
Copyright Owner Can Serve DMCA Counter-Notifier by Email–Epic Games v. Mendes
DMCA counter-notifications are rare, and litigation over them is even more rare. So my curiosity is piqued that this is the second 512(g) case I’m blogging in a week (the…