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February 2018 WILMap Updates

February 22, 2018

Entries

Delfi v. Estonia

This case concerned an online news site’s liability for threats and anti-Semitic slurs posted by users in the site’s comments section. Estonian courts held, and the European Court of HumanSee details

Tamiz v. UK

This case, involving anonymous comments posted to a blog, could have been an intermediary liability case, but was decided on other grounds. Aspects of the court’s discussion, however, are relevantSee details

Pihl v. Sweden

Plaintiff brought a claim against a small, non-profit entity that operated a blog and permitted public comments, claiming it should be liable for a defamatory comment posted by a user.See details

Fields v. Twitter

This is one of several cases seeking to hold Internet platforms civilly liable under US statutes barring material support of terrorism. The first instance court rejected plaintiff’s claim on severalSee details

Goldman v. Breitbart News

New questions about framing after ten years of peace under the "server test"
This case asks whether in-line linking or framing of an image can violate the public display right under US copyright law. Diverging from long-standing precedent known as the “server test”See details

Cox v. BMG

This copyright case plays out against a complex factual backdrop addressed at trial and pleadings in the court below. The evidence included internal emails in which employees of Cox, aSee details

Capitol v. Vimeo

This case considers defenses under the Digital Millennium Copyright Act (DMCA) for video hosting service Vimeo. The court rejects plaintiff’s arguments, supported by the US Copyright Office, that the DMCASee details

Mavrix v. LiveJournal

This detailed and somewhat confused opinion concerns LiveJournal, a blog hosting site. LiveJournal’s most successful hosted content, by a wide margin, is a celebrity gossip blog called Oh No TheySee details

EMI v. MP3Tunes

This case concerns the latest business venture of serial copyright defendant Michael Robertson. In earlier proceedings, a jury ruled against the company, MP3Tunes. Here, the Circuit court considers multiple issues,See details

Perfect 10 v. Giganews

This case affirms summary judgment in favor of copyright defendant Giganews’s Usenet service, and upholds massive attorneys’ fees against a plaintiff that shaped US Intermediary Liability law: the adult magazineSee details