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Monthly Archives: February 2020
Amicus brief in Warhol v. Goldsmith
Working with Chris Bavitz and the Cyberlaw Clinic, I drafted a law professors’ brief on the issue of substantial similarity as a ground for affirming the district court. Drawing on Jeanne Fromer’s presentation on memes and copyright: from Blogger https://ift.tt/2VCGLBf
DOJ 230 workshop part 4
DOJ Section 230 Roundtable, afternoon Chatham House Rules Session 1: Content Moderation, Free Speech, and Conduct Beyond Speech How do platforms deal w/defamation? Standard practice is to review the complaint, the content; compare to TOS/code of conduct. Removal if warranted, … Continue reading
DOJ 230 workshop part 3
Panel 3: Imagining the Alternative The implications on competition, investment, and speech of Section 230 and proposed changes. Moderator: Ryan Shores, Associate Deputy Attorney General Professor Eric Goldman, Santa Clara University: (c)(1) means no liability for 3d party content. Difference … Continue reading
DOJ 230 workshop part 2
Panel 2: Addressing Illicit Activity Online Whether Section 230 encourages or discourages platforms to address online harms, such as child exploitation, revenge porn, and terrorism, and its impact on law enforcement. Moderator: The Honorable Beth A. Williams, Assistant Attorney General … Continue reading
DOJ 230 workshop
Section 230 – Nurturing Innovation or Fostering Unaccountability? DOJ Workshop These are copied from my handwritten notes, so will likely be terser than usual. Introduction of the Attorney General The Honorable Christopher Wray, Director, Federal Bureau of Investigation Tech is … Continue reading
They chose unwisely: court blows another hole in Rogers by refusing to say that explicit means explicit
Chooseco LLC v. Netflix, Inc., No. 2:19-cv-08 (D. Vt. Feb. 11, 2020) Explicit doesn’t mean explicit in yet another sign of the pressure the Rogers test is under. Chooseco sued Netflix for infringement (etc.) of its rights in Choose Your … Continue reading
Even in default, damages must still be shown
NITV Fed. Servs., LLC v. Dektor Corp., 2019 WL 7899731 No. 18-80994-Civ-Brannon (S.D. Fla. Dec. 16, 2019) This is a default judgment, but it still has interesting bits. The parties compete to sell truth verification technology, which will become ironic. … Continue reading
“Kids” in product name represents that product is safe for children to use
Mirza v. Ignite USA, LLC, 2020 WL 704791, No. 19 C 5836 (N.D. Ill. Feb. 12, 2020) Ignite sells reusable beverage containers, coffee mugs, water bottles, and kids’ cups under the Contigo brand name. Plaintiffs bought Contigo Kids Cleanable Water … Continue reading
false advertising as compulsory counterclaim
Creative Impact Inc. v. MGA Entertainment, Inc., 2019 WL 7906430, No. CV 19-07009 AG (ASx) (C.D. Cal. Nov. 4, 2019) The parties compete in the toy business. Creative Impact makes 5 Surprise, while MGA makes a similar toy called L.O.L. … Continue reading
Rebecca Tushnet 