April-May 2010 Quick Links Part 1 (IP Edition)
…court rejects a 17 USC 512 defense because the defendant did not file the required agent designation with the copyright office. * The RIAA’s campaign to sue file sharers led…
Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v. CafePress.com
…First, 512 only applies to copyright, not trademark. Second, CafePress’ user agreement authorized its takedown. Third, Williams did not send a proper 512(g)(3) putback request. Fourth (a point the court…
LimeWire Smacked Down for Inducing Copyright Infringement–Arista Records v. Lime Group
…claim, it appears the court will entertain the plaintiff’s motion. As usual in P2P file sharing system cases, the 512 safe harbors were completely irrelevant to the discussion and not…
Veoh Denied Attorneys’ Fees in UMG v. Veoh. Does FRCP 68 Apply to Copyright Cases?
…in specified circumstances, gives the judge discretion to award attorneys’ fees to a copyright lawsuit winner. Veoh decisively won a 512(c) defense against UMG’s copyright infringement claim, so Veoh applied…
YouTube Uploader Can’t Sue Sender of Mistaken Takedown Notice–Cabell v. Zimmerman
…curb bogus takedown notices, this wasn’t it. Cabell’s 512(f) claim failed because the AEA made a mistake–at most, negligently–rather than making the error with a legally actionable level of scienter….
Google Gets Favorable ECJ Opinion, But Will It Prove to Be a Hollow Victory?
…(17 USC 512), so it was oriented towards online copyright issues. For example, it has a safe harbor for caching that really only makes sense in the copyright context. Here,…
Another Bad Ruling in Louis Vuitton v. Akanoc
…servers.” * the defendants didn’t designate a 512 agent for notice until 4 months after the case was filed, so they could not claim 512 protection before that time (why…
Viacom v. YouTube Summary Judgment Motions Highlights
…I personally think Viacom overemphasized this point. Service providers are trapped in a dilemma. If they do more screening than 512 requires, copyright owners say that evidences their right and…
Why I Support HR 4364, the Proposed Federal Anti-SLAPP Bill
…from the Internet. 17 USC 512(f) provides a limited counterbalance against bogus copyright takedown notices; it could provide a useful starting point for conceptualizing a broader anti-bogus-takedown law. How You…
February 2010 Quick Links
…out of the marketplace. * Project DoD, Inc. v. Federici, 2010 WL 559115 (D. Me. Feb. 11, 2010). In a 512(f) lawsuit I blogged about in December, the judge upheld…