The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google
…be clear, social media services absolutely encourage, solicit, and advise users to submit content. But the court makes clear that the evidence has to show that they encouraged/solicited/advised with respect…
Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon
…the facts, the court says Amazon didn’t submit the TOS notification email or even describe it. Why would Amazon hide the ball here? Was the email text lost? Was it…
Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance
…several ways of doing it, but the two primary options for quick results are (1) requiring consumers to submit government-issued documents, or (2) requiring consumers to submit to face scans…
You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas
…2478550 (E.D. Tex. March, 13, 2023): on February 4, 2020, Bar-Z submitted a DMCA notification to Google Play and Apple that App Star’s applications needed to be taken down. Although…
Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
…California. Various courts have limited damages to $750 when a plaintiff has not submitted valid proof of actual damages, so as not to have a windfall. Oppenheimer did not submit…
Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3)
…Board orders the claimant to submit written direct testimony in support of a default determination. 37 C.F.R. § 227.2(a). Written direct testimony consists of: a party statement describing the claimant’s…
A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)
…the interview recordings have been published, Trump simply needs to submit two complete copies of the audiobook to the U.S. Copyright Office, with an application for copyright in his name…
Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock
…its policy by enabling copyright owners to submit takedown notices and responding to such notices. Defendant keeps records to identify repeat infringers and regularly terminates contributors’ accounts due to infringing…
The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton
…Can you imagine if a book publisher had to give appellate rights to authors who submit unsolicited manuscripts? Or if law reviews had to give appellate rights to law professors…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
…the Second Circuit. The court flags that the parties did not submit any new evidence on the issue of whether Instagram intended a license. I wonder whether McGucken tried to…