Everything You Wanted to Know About the Moody v. NetChoice Supreme Court Opinion
…editors of the Cato Supreme Court Review asked me to submit a book chapter based on my inevitable comprehensive post. This led to a 10,000 word chapter, “Speech Nirvanas” on…
DMCA 512(c) Helps Redbubble Defeats Copyright Lawsuit–Wallshoppe v. Redbubble
…design. However, for unspecified reasons, Wallshoppe didn’t submit proper DMCA takedown notices. On October 19, 2021, Wallshoppe submitted a DMCA notice for a seller that identified one listing by URL…
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
…Specialist, Inc. [MSI], and plaintiffs did not submit any admissible evidence that MSP was affiliated with or had transferred the copyrights to MSI. 2021 WL 2905410, at *11-*12. With respect…
Plaintiffs Make Some Progress in 512(f) Cases
…submitter like MFB must proactively consider the potential that similarities in materials are unprotectable. Failure to do so can form the basis of a finding of willful blindness and, therefore,…
They Should Have Used a Dickwrap–Weeks v. Interactive Life Forms
…is a section inviting the user to submit his or her email address “to receive our latest news [and] promotions!” Beneath that appears a menu in white text against a…
512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial
…abuse. It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands…
Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional
…adults, the court says: Requiring adult users to produce state-approved documentation to prove their age and/or submit to biometric age-verification testing imposes significant burdens on adult access to constitutionally protected…
My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts
[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. Eric Goldman, Associate Dean for Research, Santa Clara University…
More Chaos in the Law of Online Contract Formation
…SUBMIT” button. Finally, Lee is different from the instant case in that each time the plaintiff signed in or made a payment, he was given notice about the Terms of…
Class Certification Denied Over Rightsowners’ Demands for Content ID Access–Schneider v. YouTube
…individualized proof that precludes certification The plaintiffs claimed that the DMCA takedown notices submitted to YouTube would provide this evidence. The court disagrees: the takedown of content in response to…