Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. The litigants are an employer and former employee.

Ownership 63

Ownership Cease and Desist Fair Use Copyright 63

Technology & Marketing Law Blog

MARCH 15, 2022

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. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

DECEMBER 5, 2022

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.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

Technology & Marketing Law Blog

OCTOBER 4, 2022

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.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Technology & Marketing Law Blog

AUGUST 18, 2022

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.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103