1H 2021 Quick Links, Part 1 (IP)
…that Defendant’s use of the material was anything other than fair * Stebbins v. Polano, 2021 WL 2682339 (N.D. Cal. June 30, 2021): Dismissing a 512(f) claim: “Plaintiff alleges that…
YouTube Defeats Lawsuit Over Threatening Content–Wells v. YouTube
…shield Defendant from liability for those alleged violations.” Hmm…I’d like to hear more about this in light of Section 230’s exclusion for intellectual property claims. Was it a 512(f) claim?…
RedBubble Gets Another Favorable Ruling–YZ Productions v. RedBubble
…Publishing v. Zazzle * CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May…
Broadcaster Fails to Enjoin YouTube–Kifle v. YouTube
…using YouTube’s NOCI forms (so maybe his notice didn’t comply with 512(c)(3)’s requirements?). He also claims other YouTube users are using his Mejera trademark. The court rejects his request for…
Deconstructing Justice Thomas’ Pro-Censorship Statement in Knight First Amendment v. Trump
…prohibit the company from speaking or force the company to endorse the speech. See Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 684 (1994) (O’Connor, J., concurring in…
512(f) Preempts Tortious Interference Claim–Copy Me That v. This Old Gal
…Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared…
Udemy Qualifies for 512(c) Safe Harbor for User-Uploaded Courses–Kinsley v. Udemy
…opinion, the court grants summary judgment that Udemy qualifies for the Section 512(c) safe harbor. Some of the statutory analysis: Service Provider. Udemy “provides online services to its users in…
IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v. Redbubble & More
…bottom right corner of the image that was ordered.” In a footnote, the court says that it doesn’t need to consider the direct financial benefit prong of the DMCA 512(c)…
Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath
…Downs v. Oath, which held that third-party contributors to Huffington Post are legally independent “users” for purposes of Section 512(c). The court also didn’t cite Blumenthal v. Drudge, which applied…
Internet Law Year-in-Review for 2020
…subscribers’ alleged copyright infringements. These lawsuits seek to coerce IAPs into terminating subscribers’ connectivity based on copyright owners’ unverified infringement allegations. If Congress pursues DMCA reform, 512(a) needs rehabilitation. 6….