Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox
…DMCA drafters. 512(f) Has Failed. Cox restricted MarkMonitor to stem its flood of dubious NOCIs. 512(f) was supposed to prevent such tidal waves by ensuring that rightsowners did their homework…
The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)
…legislation on intermediaries is an avant-garde, progressive innovation that leaves behind the outdated U.S. sections 230 and 512 is, understandably, subject to debate. Because it applies to all intermediaries that…
Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Printify
…Not Qualify For 512 Safe Harbor – Gardner v. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit…
N.D. Cal. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. YouTube Schedule A Defendants
…DRM to explain its bases for jurisdiction and joinder or else the case will fall apart. Jurisdiction. Four defendants submitted 512(g) counternotifications and thus agreed to jurisdiction in YouTube’s home…
Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v. Alibaba
…to those circumstances–any other allegations should have been dismissed. This court also rejects any 512 defense, saying it’s an affirmative defense and its application isn’t clear from the complaint’s allegations….
2023 Quick Links: IP, Keyword Ads
…Tierra Caliente Music Group, S.A., 2023 WL 8480096 (S.D. Tex. Sept. 29, 2023). 512(f) case in the context of an ownership dispute is sent to a jury. “Defendants present some…
512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial
…as mere conduits. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox * Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v….
Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon
…the 512(c)(3) notice would disqualify the defendants for 512. However, this isn’t a 512 case. Instead, the court remarkably says that failure to remove content in response to 512(c)(3) does…
Photo Licensing Service Qualifies for DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
…v. ShutterStock. McGucken recycled arguments that failed in Steinmetz. As a result, ShutterStock qualifies for the 512(c) defense pretty easily. Service Provider. ShutterStock provides online services. See Steinmetz. Repeat Infringer…
512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox
…awarded Moonbug $10k for its 512(f) win. A rare 512(f) jury victory. Prior Posts on Section 512(f) * Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps * You’re…