Copyright Owner Can Proceed with Vicarious Infringement Claim Against eBay–Okolita v. eBay

…Okolita did not adequately allege volitional conduct by eBay. Cites to CoStar, BWP v. Polyvore, Parker v. Google, and more. Contributory Infringement. The court invokes the Sony “substantial noninfringing uses”…

Pinterest Defeats Contributory Copyright Infringement Claim–Davis v. Pinterest

…Thousands of Websites Redfin Defeats Copyright Claims Due to MLS License Agreement Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping Sideloading Service Defeats Copyright Infringement Claims–BWP v….

It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla

…equally to online music streaming services such as Spinrilla’s, Spinrilla argued that it lacked volition. The court distinguishes Spinrilla’s cited cases (Hotfile, Perfect 10 v. Giganews, BWP v. T&S, and…

HuffPost Gets 512(c) Defense for Contributor-Uploaded Photo–Downs v. Oath

…protections, the case law supports Oath’s position over Downs’s. As the Tenth Circuit explained in BWP Media USA, Inc. v. Clarity Digital Group, LLC, ‘if the infringing content has merely…

Second Circuit Judges Brawl Over the Meaning of “Volition” in Copyright Cases–BWP v. Polyvore

…Claims–BWP v. Polyvore * 512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner * DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites * Lawsuit Over User-Posted…

Reminder: Cutting-and-Pasting Photos from the Internet Is Hazardous to Your Legal Health–Grecco v. Valuewalk

…apply to contractor-uploaded works. See BWP v. Examiner. However, Valuewalk didn’t designate an agent for 512(c)(3) notices with the Copyright Office until 2017, so 512(c) isn’t applicable to this 2016…

Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin

…Chattels Ruling in 3Taps Case (Catch-up Post) 512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter…

Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)

…For Thousands of Websites Redfin Defeats Copyright Claims Due to MLS License Agreement Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping Sideloading Service Defeats Copyright Infringement Claims–BWP

Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff–Konangataa v. ABC

…to spin in reverse. For other cases in that genre, see BWP v. Mishka; Righthaven v. DiBiase; Righthaven v. Wolf; Righthaven v. Hoehn; Cobbler v. Doe. This case provides an…

Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka

…numbers to crunch. Mishka runs a fashion blog. It included 2 photos to which BWP owned the copyrights. (BWP is a familiar name on this blog). BWP sued in August…