Pagone J has awarded Pokémon $1 in damages and 70% of its costs from Redbubble for misleading or deceptive conduct and copyright infringement. An interesting aspect of the case is that Redbubble’s implementation of a notice and take down scheme under the DMCA didn’t save it from liability, but did influence the ruling on remedies.
The Ninth Circuit has affirmed the trial court’s summary dismissal of UMG copyright claims against Veoh on the basis of §512(c) – the ‘hosting’ safe harbour. UMG argued 3 reasons why §512(c) did not apply: First, UMG argues that the alleged infringingactivities do not fall within the plain meaning of “infringe-ment of copyright by reason of the storage [of material] at thedirection of a user,” a threshold requirement under§ 512(c)(1)… Read More
The Librarian of Congress has announced 6 new categories of exemption from the prohibitions under US law against circumventing DRM mechanisms (what we call TPM and ERMI). The (Australian) Copyright Council has a nice bullet point summary. Jonathon Bailey, at Plagiarism Today, looks at the politics and the ramifications from a practical perspective. I wouldn’t be at all surprised if he didn’t spend a fair bit of time on the.. Read More
Selected microblog posts from the past week: RT @VogeleLaw: Found: Mary Beth Peter’s testimony (via @cathygellis – thanks!) http://bit.ly/Cijau #gbs_hearing [US Copyright Register opposes Google Book Settlement] Google Book in the EU? http://ff.im/-7OYfA RT @MegLG: A Billion Dollar Test of the DMCA Safe Harbors in Viacom v YouTube http://ow.ly/om66 via Cyberlaw Cases RT @michaelgeist: Microsoft wins stay of injunction on Word. Case arises from patent claim by Toronto’s i4i.http://bit.ly/oDmLU IP Think Tank Blog looks.. Read More
Plagiarism Today’s list of top 5 DMCA mistakes (and some things to do to avoid them).
Plagiarism Today outlines 6 steps to try and identify the person you should be sending “notice and take down” notices under the DMCA to. Apart from complaints under the DMCA there could be some useful hints (apart from the inquiry to the Copyright Register) under our scheme. Although, of course, under reg. 20C the carriage service provider is supposed to publish those details in a prominent place on their website… Read More
If you have to send a take down notice to someone under the DMCA, send it to them and not their parent: Prof. Goldman here; Plagiarism Today here. Under our legislation, the notice must be sent to the carriage service provider’s “designated representative” (Reg. 20D) and the carriage service provider must publish a notice on its website prominently identifying the designated representative, and their contact details, to whom such notices.. Read More
Plagiarism Today tries to unravel how Twitter (attempts to) deal with claims that material posted infringes copyright. Short of the odd haiku or authorisation, shouldn’t there be some prize for infringing in 149 characters or less?
Plagiarism Today considers Google’s new Blogger contact form for DMCA notfications here.
If you are trying to work out who is hosting a website and where it is being hosted, you might be interested in this discussion of the Netcraft toolbar. Note: this is only for those using Firefox or Internet Explorer. Use at your own risk!