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Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. That’s by design–the DMCA was designed to resolve matters outside of court. Defamation.

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Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn

Technology & Marketing Law Blog

” In May 2017, LinkedIn sent hiQ a C&D and blocked its IP addresses. In August 2017, the district court: found that hiQ showed a likelihood of irreparable harm, crediting hiQ’s assertion that the survival of its business was threatened absent a preliminary injunction. hiQ sought relief from the courts.

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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

LinkedIn lawsuit started in 2017. CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. ” After 5 years of litigation, we still don’t know the answer to this important question. Eric’s Comments.

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512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

The litigants are an employer and former employee. By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Benjamin * How Have Section 512(f) Cases Fared Since 2017? The 512(f) claim fails. So does the rest of the employee’s lawsuit.

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512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

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11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

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Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.