Stanford Technology Law Review Symposium on Secondary IP Liability

March 8, 2011 · by

…true that after YouTube gets an infringement notice, then it is the cheapest cost avoider to prevent further harm. But that’s exactly what 512 codifies.] Everyone can agree Grokster was…

“Consumer Reviews of Doctors and Copyright Law” Talk Notes

February 28, 2011 · by

…reviews and then sending 512(c)(3) takedown notices for any unwanted online reviews that are now newly owned. This is a terrible hack on the entire consumer review ecosystem, and it’s…

Jan.-Feb. 2011 Quick Links, Part 1 (Copyright Edition)

February 23, 2011 · by

…Girl’s page as a result of WDI’s alleged misrepresentations. Under these facts, it is plausible that Fleury Girl could be entitled to relief if every element of a section 512(f)…

Web Host May Be Liable for Removing Only 1 of 3 Websites Operated by Its Customer–Hermeris v. Brandenburg

February 2, 2011 · by

…infringement. The Court agrees…. liability is entirely premised on defendant’s participation as the host of the Brandenburg defendants’ websites. A 512 discussion would have been helpful here. Whatever else 512…

Another Copyright Owner Sent a Defective Takedown Notice and Faced 512(f) Liability–Rosen v. HSI

January 29, 2011 · by

…towards 512(c)(3) notices, just as courts sometimes are highly formalistic about the service provider’s 512 requirements. HSI counterclaimed on 17 USC 512(f), and the court denies Rosen’s summary judgment motion,…

Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review

January 27, 2011 · by

…v. Google. Google gets yet another win in this case, this time on 512(d)–one of the few cases interpreting the 512(d) safe harbor for linking to infringing content. Notice I…

Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom

January 25, 2011 · by

…think the ad networks qualify for a 512 safe harbor because of the way those safe harbors are worded; but a C&D/takedown notice would still help the publishers in arguing…

Second Life Gets Out of Dispute Between Virtual Bunnies & Virtual Horses

January 24, 2011 · by

…copy too much of the bunnies, so the virtual bunnies sent two DMCA takedown notices to Second Life. In a relatively rare move, the horses sued under 512(f) to enjoin…

The Next Digital Decade Book Launch and Event Recap

January 21, 2011 · by

…First Amendment, 230, 512. Law enforcement thus reached out to payment intermediaries. He thinks this was a success. But on cost-benefit basis, it may not be worth regulating intermediaries. Plus,…

Canadian-Uploaded YouTube Video Doesn’t Infringe in US–Shropshire v. Canning

January 17, 2011 · by

…occurred entirely within the United States.” With respect to Shropshire’s suit over Canning’s counternotification, this is a very rare 17 USC 512(f) lawsuit over a counternotification from the uploading party–as…