Biosafe-One v. Hawks Dismissed
…512(c)(3) notices to defendant’s host to get the defendant’s website offline. In the previous ruling, the court enjoined the plaintiff from issuing more 512(c)(3) notices during the litigation pendency–an extraordinary…
June 2009 Quick Links, Part 1
…contributory infringement, vicarious infringement and inducement of infringement. This case was colored by defendants’ evidence spoliation and the lack of a viable 512 defense; in situations like this, courts smack…
Takedown Notice Sent to Parent Doesn’t Affect Subsidiary’s 512(c) Defense–Perfect 10 v. Amazon
…to 512(c)(3) takedown notices, concluding that: 1) The 512(c)(3) notices sent to the parent Amazon did not confer knowledge to the subsidiary A9. 2) The November 2008 notice sent to…
Michael Savage Takedown Letter Might Violate 512(f)–Brave New Media v. Weiner
…responsibility between the principal and rogue agent. Savage’s second argument is that the takedown letter was not a 512(c)(3) notice and therefore did not satisfy 512(f)’s statutory requirements. For an…
Q1 2009 Quick Links, Part 2
…Corp. v. Cisco Systems, Inc., 2009 WL 928077 (S.D.N.Y. March 12, 2009). 17 USC 512(f) does not cover trademark takedown notices. * Suarez Corp. v. Earthwise, 2008 U.S. Dist. LEXIS…
Q1 2009 Quick Links, Part 1 (Copyright Edition)
…No 512(f) claim for any takedown notices that the service provider ignores. From a policy standpoint, this is completely screwed up–takedown notices ignored by the service provider pose the greatest…
2008 Cyberlaw Year-in-Review
…generic term. * New gTLDs. Maybe I should reserve this development for 2009…if it happens. Others * McCain complains about 512(c)(3) notices taking down his YouTube videos. Surprise! 512(c)(3) notices…
Social Networking Sites and Blogs Talk for Students
…to Texas Jurisdiction–Healix Infusion v. Helix Health * Co-Blogger Identity Isn’t Disclosed via 512(h), but Takedown Letters Are Copyrightable * Blog Defamation Lawsuit Lacks Jurisdiction–TrafficPower.com v. Seobook.com Social Networking Sites…
Veoh Gets Another Nice 512(c) Win–UMG v. Veoh
…a significant win under the DMCA online safe harbors (17 USC 512(c)). That opinion makes my list as one of the top 10 cyberlaw cases of 2008, and I’m considering…
November 2008 Quick Links
…USC 512 because the claims duplicate its affirmative defenses. * James Grimmelmann does an excellent job parsing the Google Book Search settlement agreement and makes some sage recommendations for how…