Copyright Office Q&A Session About The New Online DMCA Designated Agents Directory
…a statutory concern in that there is no provision in the 512 statute for the loss of safe harbor if the Office removes a service provider’s agent listing for lack…
Top 10 Internet Law Developments of 2016
…be a federal case; and the DTSA gives trade secret plaintiffs several new toys to supplement their already-extensive arsenal. #4: Copyright Office Guts the Section 512 Safe Harbor. How do…
2H 2016 Quick Links, Part 2 (Copyright & Open Access)
…the excerpt to Defendants, not Plaintiffs. * Ouellette v. Viacom International, Inc., 2016 WL 7407244 (9th Cir. Dec. 22, 2016). Another 512(f) case fails due to Rossi. Prior blog posts…
Stock Music Library Wins DMCA Safe Harbor Defense–Hempton v. Pond5
…allegedly infringing activity but did not send any 512(c)(3) takedown notices. When the takedown letter finally came, it demanded that Pond5 delete all of ckennedy342’s uploads. Even though the letter…
Another Tortured DMCA Online Safe Harbor Ruling–EMI v. MP3Tunes
…point of contention fails, YouTube’s 512(c) defense fails This is why repeated plaintiff hammering on prongs like “repeat infringer” and “red flags of infringement” have made 512 opinions longer, more…
Copyright Office Gratuitously Kills the DMCA Safe Harbor For Thousands of Websites
…because they show that service providers might unwittingly be losing the protection of the safe harbors in section 512 by forgetting to maintain complete, accurate, and up-to-date information with the…
Celebrating Judge Ronald Whyte’s Contributions to Internet Law
…posts, a standard that has been implicitly partially incorporated into 17 USC 512(f) * the opinion also addresses what types of injunctions are appropriate against online intermediaries, which is codified…
Redfin Defeats Copyright Claims Due to MLS License Agreement
…in Scraping Lawsuit Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up Post) 512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner…
Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping
…ruling) and Columbia v. Fung. Relying on DMCA safe harbor cases cuts corners intellectually because Section 512 and Section 230 differ at an architectural level; plus, numerous directly-on-point Section 230…
Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore
…Inc. v. Polyvore, Inc., 2016 WL 3926450 (SDNY July 15, 2016). Bonus Hidden Track: Between 2013 and 2015, a number of 512/secondary liability cases slipped off my blogging queue. One…