District court grants summary judgment, finding YouTube protected by DMCA safe harbor. Viacom v. YouTube, No. 07-2103, (S.D.N.Y. June 23, 2010) The question of whether and to what extent a website operator should be liable for the copyright infringement occasioned by the content uploaded by the site’s users is one of the central problems of [...]
Archive for the ‘DMCA’ Category
Pro-DRM decision under DMCA
April 21st, 2010
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Actuate Corp. v. IBM Corp., No. 09-5892 (N.D. Cal. April 5, 2010) [Scroll down for opinion] Distribution of software license keys on the internet may constitute trafficking in circumvention technology, which is prohibited under the Digital Millennium Copyright Act (“DMCA”) Plaintiff software licensor sued defendant for, among other things, violation of the anticircumvention provisions of [...]
Should ISPs get paid to respond to DMCA takedown notices?
December 22nd, 2008
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CNET News is running a story about how Jerry Scroggin, the owner of Louisiana’s Bayou Internet and Communications, expects big media to pay him for complying with DMCA takedown notices. No doubt Scroggin gets a little PR boost for his maverick attitude, and CNET keeps its traffic up by covering a provocative topic. After all, [...]
DMCA reaches the decade mark
October 28th, 2008
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My friend Kevin Thompson over at Cyberlaw Central reminded me this morning in this post that President Clinton signed the Digital Millennium Copyright Act ten years ago today. Tempus fugit. It’s interesting to reflect on how this critical piece of legislation has affected (I think fostered) the growth of the online infrastructure with its safe [...]
Veoh eligible for DMCA Safe Harbor
September 3rd, 2008
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[Brian Beckham is a contributor to Internet Cases and can be contacted at brian.beckham [at] gmail dot com.] Io Group, Inc. v. Veoh Networks, Inc., 2008 WL 4065872 (N.D.Cal. Aug. 27, 2008) The U.S. District Court for the Northern District of California ruled that Veoh’s hosting of user-provided content is protected by the DMCA safe [...]
Resale on eBay o.k. under First Sale Doctrine?
May 26th, 2008
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Last week the U.S. District Court in Seattle denied Defendant Autodesk’s motion to dismiss Plaintiff Vernor’s case, and held that under the circumstances, the sale of AutoCAD on eBay was protected by the First Sale Doctrine. Vernor makes a living reselling goods on eBay. He found himself in hot water after trying to sell four [...]
Emails held sufficient to amend employment contracts in NY
April 26th, 2008
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[Brian Beckham is a contributor to Internet Cases and can be contacted at brian.beckham [at] gmail dot com.] The New York Court of Appeals, 1st Division recently upheld a lower court ruling that a series of “signed” emails is a sufficient writing to modify a contract. Plaintiff Stevens sold his business (L-S) to Defendant Publicis [...]
The vexing linkage between access and protection in DMCA anticircumvention analysis
April 18th, 2008
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A couple of days ago David Donoghue wrote about the recent case of Nordstrom Consulting, Inc. v. M&S Technologies, Inc., No. 06-3234, 2008 WL 623660 (N.D. Ill. March 4, 2008). Dave’s post gives a very thorough treatment of all aspects of the case, which involve primarily allegations of infringement of the copyright in software. The [...]
Court finds CAPTCHA likely protectible under DMCA
October 18th, 2007
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Ticketmaster L.L.C. v. RMG Technologies, Inc., — F.Supp.2d —-, 2007 WL 2988403 (C. D. Cal. Oct. 15, 2007) RMG Technologies developed an application that allowed its users to automatically access Ticketmaster.com to search for tickets and buy them up by the dozens. Ticketmaster sued RMG, alleging, among other things, copyright infringement, breach of contract, and [...]
Internet Archive malfunction leads to interesting DMCA and infringement case
August 3rd, 2007
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