Updates on DoctoredReviews.com and Medical Justice
…assigned copyrights in those reviews. (And asserting copyright to the review websites could lead to 512(f) claims). There is a massive logic disconnect between the purported goals of the Mutual…
Another Ruling that the Americans with Disabilities Act Doesn’t Apply to Websites–Ouellette v. Viacom
…cause of action. * a 512(f) claim against the defendants other than the content owners. Even though 512(f) could apply generally, the plaintiff never alleged any actual misrepresentations made by…
Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. UMG
…512(f), the cause of action for bogus copyright takedown notices, DOESN’T cover. 512(f) wins are rarer. In this case, the plaintiff remixed some Bob Marley songs with the permission of…
Copyright Takedown Notice Isn’t Actionable Unless There’s an Actual Takedown–Amaretto v. Ozimals
…Second Life further 512(c)(3) copyright takedown notices. In the latest ruling, the court dismissed the horses’ 17 USC 512(f) claim for sending bogus copyright takedown notices. The court says that…
Court Says CAN-SPAM Plaintiff Can’t Take Second Bite at the Apple — Melaleuca v. Hansen
…involving Melaleuca, this one involving an expedited DMCA subpoena which also touched on the copyrightability of a take-down letter: “Co-Blogger Identity Isn’t Disclosed via 512(h), but Takedown Letters Are Copyrightable.”…
YouTube and its Amici File Their Briefs in the Viacom v. YouTube Appeal
…benefit. I wasn’t convinced that the conclusion in (2) followed from the premise in (1) (47 USC 230 plays a much bigger role on this front than 17 USC 512…
Republisher of Youthful Sexting Photos Avoids Liability (For Now)–Doe v. Peterson
…uploader, in which case a 512(c)(3) takedown should have done the trick. (Although exgfpics.com doesn’t have a 512 agent for service of notice, and obviously the site’s legal compliance work…
Photo Hosting Site Gets DMCA 512 Safe Harbor–Wolk v. Photobucket
…Photobucket. She sent some 512(c)(3) takedown notices to Photobucket, which were promptly honored. At some point, it appears that she tired of sending 512(c)(3) notices, so she took the position…
47 USC 230 Retrospective Conference Recap
…DMCA/17 USC 512—censorship is much higher via 512 takedowns. A notice-and-takedown regime would result in flood of takedowns. Colette Vogele: is 230 an immunity from suit or an immunity from…
How 47 USC 230 Improves Marketplace Efficiency
…sanctions for clearly immunized cases – Enact federal anti-SLAPP law – Enact a “threats” action for bogus C&Ds – Close the 512(c)(3) hole – Extend the immunity to offline publishers…