How The DMCA’s Online Copyright Safe Harbor Failed
…512’s failings, but that never happened. So here’s what I wrote 9 months ago, FWIW:] ___ In 1998, Congress enacted the Digital Millennium Copyright Act (DMCA). One of its provisions…
Internet Law Professors File Amicus Brief in ‘Innocence of Muslims’ Case–Garcia v. Google
…interesting point about Congress’ desire for precisely tailored injunctions under 17 USC 512(j). * International Documentary Association brief by Gary Bostwick, USC’s Jack Lerner and more. Three other entities joined…
CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress
…protected by 512 for running online ads in their marketplaces. Because they don’t do any 512-disqualifying order fulfillment, they get 512 protection for all of their marketplace operations. CafePress should…
Vague Takedown Notice Targeting Facebook Page Results in Possible Liability–CrossFit v. Alvies
…and Alvies counterclaimed, seeking a declaratory judgment and asserting unfair competition and false advertising claims. Alvies States a Valid Claim Under 512(f) CrossFit moved to dismiss Alvies’ declaratory judgment claim…
Top Ten Internet Law Developments Of 2013 (Forbes Cross-Post)
…to embrace this reality, keyword advertising lawsuits are clearly passe. #6: The Copyright Safe Harbor Is Failing. One of the foundational Internet laws is 17 USC 512, the law that…
Ninth Circuit Kills Contributory ACPA Cybersquatting Doctrine–Petronas v. GoDaddy
…similarly internalized this philosophy with its Section 512 safe harbor jurisprudence, but let’s celebrate this good news. I’d have to go back and check, but I don’t recall another Ninth…
2013 Internet Law Syllabus and Casebook Now Online
…have the inducement doctrine, including the baffling and exceptionalist Fung ruling plus the quirky David v. Download.com, and I added notes about both. Finally, we have 512, which has produced…
The Latest Attempt to Use Copyright Law to Remove Negative Consumer Reviews–Small Justice v. Xcentric (Forbes Cross-Post)
…Section 230 doesn’t apply to copyright claims. Instead, copyright claims regarding third party online content are governed the DMCA (17 USC 512), which says review websites may be liable for…
Recap of Stanford E-Commerce Conference Panel on Takedown Notices
By Eric Goldman Last month, I attended Stanford Law School’s annual E-commerce Law Conference, one of my favorite conferences of the year because of its subject material and the chance…
Catching Up on 512 Safe Harbor Cases (and Other Online Copyright Cases) From the Past Year
…that P2P defendants will be denied 512 defenses and plaintiffs who didn’t send 512(c)(3) takedown notices will lose (eventually), but still I really can’t confidently predict what the Ninth Circuit–or…