The 2012 presidential election cycle is already giving internet law enthusiasts things to talk about. Last week it was Ron Paul’s grumblings about an unauthorized campaign ad on YouTube. Now NBC is moaning about a Mitt Romney ad comprised almost entirely of Tom Brokaw on the Nightly News in 1997. NBC has asked the ad [...]
Posts Tagged ‘DMCA’
YouTube victorious in copyright case brought by Viacom
June 23rd, 2010
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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 [...]
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 [...]
Sender of DMCA takedown notice should consider fair use
August 20th, 2008
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Lenz v. Universal Music Corp., No. 07-3783 (N.D. Cal. August 20, 2008). [Download the opinion] Hat tip to Joe Gratz for breaking this story. One of the things that a person sending a takedown notice under the Digital Millennium Copyright Act (DMCA) has to swear to is that he or she “has a good faith [...]
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 [...]
Anonymous alleged infringer identified with little substantive inquiry into infringement claim
January 22nd, 2008
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[In re Subpoena Issued Pursuant to the Digital Millennium Copyrigt Act to: 43SB.com, No. 07- 6236, 2007 WL 4335441 (D. Idaho, December 7, 2007).] When the general counsel for Melaleuca, Inc. saw some negative content someone had posted about the company on the Web site 43rdstateblues.com, he sent a cease and desist letter demanding the [...]
Beaded jewelry website tussle turns into lawsuit alleging bogus DMCA takedown notice
November 21st, 2007
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Does a hosting provider breach the contract with its customer when it responds to a DMCA takedown notice concerning its customer’s content? The plaintiff in this case would have you believe that. [Download the Complaint] Jades Creations, LLC v. White, No. 07-50225 (N.D. Ill., Filed November 16, 2007) Rockford, Illinois-based Jades Creations, LLC has filed [...]
