News

Technology groups submit an emergency application to the Supreme Court to block Texas social media law HB 20

May 16, 2022

On May 11, 2022, the Fifth Circuit reinstated Texas state law HB 20 which allows private parties to sue tech platforms with 50M+ MAUs for their censorship of user-generated content based on “the viewpoint of a user or another person”. On May 13, technology lobbying groups NetChoice and the Computer...

In Peer-to-Peer File-Sharing Case, "Distribution" Does Not Mean "Making Available"

November 17, 2008

Author: Matt Kellogg

At trial, the plaintiffs sought to prove that the defendant, a single mother in Duluth, had willfully infringed 24 of the plaintiffs' recordings by downloading and distributing them via the peer-to-peer program Kazaa. Finding that the defendant had infringed, the jury awarded...

Interference with "Pay-Per-View" Billing Information Prohibited under Section 553 and DMCA

November 17, 2008

Author: Morgan Galland

Defendants, Jon Chaffee, Amy Chaffee and Ramalda Bou ("Chaffee"), appealed a summary judgment decision of the United States District Court for the District of Rhode Island holding that defendants violated the Cable Communications Policy Act of 1984, 47 U.S.C. § 553(a)(1), and...

Copyright Owners Must Consider the Fair Use Doctrine when Issuing DMCA Takedown Notices

October 15, 2008

Author: Stuart Loh

The plaintiff, Stephanie Lenz, posted a 29-second video clip on YouTube of her children dancing to the Prince song “Let’s Go Crazy.” Universal, the copyright holder of that song, issued a DMCA takedown notice with which YouTube complied. Lenz believed that her otherwise...

Section 230 of the CDA, May – or May Not – Immunize Online Marketplace Providers from Ticket-scalping Liability

October 15, 2008

Author: Allison Pedrazzi Helfrich

Hill v. Stubhub

Jeffrey Hill and Lisa Hill brought suit against Stubhub, an online marketplace for reselling tickets, after purchasing four tickets to a Hannah Montana concert for $149 each. The face value printed on the tickets turned out to be only $56—a 152%...

Albany Business Review Tries To Use Bogus Copyright Claim To Silence NY Assembly Candidate

October 13, 2008

Not all campaign controversies fill the national stage. But this one should get national attention for being so abusive.

Mark Blanchfield is challenging George Amedore for his New York state assembly seat. Last week, Blanchfield released political ads that include excerpts of an interview Amedore...