17 USC 512(f) Is Dead–Lenz v. Universal Music
…of damages–has killed off 512(f) as a cause of action. Except in those rare cases where 512(f) supports equitable relief (and that does happen occasionally–see, e.g., Design Furnishings v. Zen…
Bit-Torrent Copyright Litigation Updates, and a Potentially Significant Decision on Joinder
…25, 2012): the court first deals with whether a subpoena is properly issued under 17 USC section 512(h). Following RIAA v. Verizon, the court says that these subpoenas are only…
Consumer Review Website Isn’t Liable for Users’ Copyright Infringement–Ripoff Report v. ComplaintsBoard
…512(c) but doesn’t apply it; and it’s not clear from the opinion if ComplaintsBoard qualifies for the safe harbor. I infer it isn’t. I see a 512 agent designation dated…
“Notes and Questions” About the UMG v. Shelter Capital Case (Excerpt from my Internet Law Reader)
…excerpt of the reader’s discussion about the case and 17 USC 512 generally: ___ NOTES AND QUESTIONS Viacom v. YouTube. After this ruling, the Second Circuit issued its opinion in…
Why Did Google Flip-Flop On Cracking Down On “Rogue” Websites? Some Troubling Possibilities (Forbes Cross-Post)
…issue more. 2) Google felt this move would help reduce its legal risk. However, Google already qualifies for Congress’ 1998 safe harbor (17 U.S.C. 512(d)), and the voluntary algorithmic change…
Six-Month Retrospective of SOPA’s Demise [Forbes Cross-Post, A Month Late!] + SOPA/PROTECT-IP/OPEN Linkwrap #3
…The fact that Internet access providers agreed to this deal is fascinating. They were already legally immunized from copyright infringement liability for users’ conduct in 17 U.S.C. Sec. 512(a); they…
No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint
…Section 512(f) for sending a wrongful takedown notice. Even assuming that Piggy Paint could have argued that the takedown notice should be covered under Section 512(f), given the high bar…
Video Embedding Site Isn’t a Contributory Copyright Infringer, But Sideloading Could Be Direct Infringement–Flava Works v. myVidster
…for the 17 USC 512(d) safe harbor. Normally, when a website fails to honor takedown notices, judges come down hard on the website—just like the district court did in this…
Offering P2P File-Sharing Software for Downloading May Be Copyright Inducement–David v. CBS Interactive
…wondering, as far as I can tell, Section 512 doesn’t apply because Download.com wasn’t hosting the software at a user’s direction (their editors chose which software to host) and Download.com…
H1 2012 Quick Links, Part 2 (Copyright)
…USC 512(h) subpoena doesn’t warrant a 17 USC 505 fee shift. The judge adopted the magistrate report, 2012 WL 1438988 (N.D. Cal. April 25, 2012). Prior blog post. * MP3Tunes…