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
Communications Decency Act 1996, 47 U.S.C. § 230(c)
Communications Decency Act Section 230 (CDA 230) provides broad immunity for intermediaries. It provides that no provider or user of an interactive computer service shall be treated as the publisherSee 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