Blogging Cease and Desist Litigation Ownership 
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.
Technology & Marketing Law Blog
MAY 2, 2022
Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). 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.
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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. MGA Entertainment.
Technology & Marketing Law Blog
AUGUST 18, 2022
Start with my prior blog post. I’m simplifying a lot–see my prior blog post for the gory details). 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.
Technology & Marketing Law Blog
OCTOBER 4, 2022
[I’ll blog the Supreme Court’s cert grant in Gonzalez v. 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.
Technology & Marketing Law Blog
DECEMBER 5, 2022
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. . * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.
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.
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