Category Archives: dmca

Copyright infringement doesn’t violate the Lanham Act

Posted on March 18, 2014 by rtushnet

Masck v. Sports Illustrated, No. 13-10226 (E.D. Mich. Mar. 10, 2014) Previous discussion, in which I got exercised about the court’s misapplication of Dastar, herein corrected.  Masck took an “iconic” photo of defendant Desmond Howard, running for a touchdown during … Continue reading →

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House DMCA hearing part 2

Posted on March 13, 2014 by rtushnet

This is the question period.  I note just how many people in this conversation assumed that the technology behind Content ID could magically and easily be rolled out (costlessly?) for every form of content and every site online.  Echoes of … Continue reading →

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House DMCA hearing part 1

Posted on March 13, 2014 by rtushnet

House Judiciary DMCA Hearing. (Links on names go to testimony.)Rep. Goodlatte: Unanticipated: volume of notices plus reappearance of content. Adequacy of notice is an issue. Fraudulent notices with little risk of penalty are also a problem, though a low percent. … Continue reading →

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Form v. content in DMCA notices

Posted on March 11, 2014 by rtushnet

Still working on a long post on Garcia v. Google because ugh, but here I go on a side note: David Post has a post up, Why Google shouldn’t be the copyright court of last resort, which argues that Google … Continue reading →

Posted in 230, dmca, google, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

How Many Wrongs Make a Copyright?

Posted on February 27, 2014 by rtushnet

This has tangential relevance to the Innocence of Muslims case (of which more soon).  I’ve written more directly about that case at the district court level, but this forthcoming publication deals with the idea of providing more protection to victims of … Continue reading →

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rigorous falsity standard in sophisticated market defeats false advertising claim

Posted on February 21, 2014 by rtushnet

Kwan Software Engineering, Inc. v. Foray Technologies, LLC, No. C 12-03762, 2014 WL 572290 (N.D. Cal. Feb. 11, 2014) Plaintiff (here VeriPic) and defendant both sell digital asset management software to law enforcement.  VeriPic and Foray both sell software that … Continue reading →

Posted in contracts, copyright, dmca, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

TM claims in DMCA notice may lead to 512(f) liability

Posted on January 27, 2014 by rtushnet

CrossFit, Inc. v. Alvies, No. 13–3771, 2014 WL 251760 (N.D. Cal. Jan. 22, 2014) CrossFit sued Alvies for trademark infringement, among other things, and Alvies counterclaimed for false advertising/unfair competition.  CrossFit moved to dismiss the counterclaims and partially succeeded.  CrossFit … Continue reading →

Posted in copyright, dmca, http://schemas.google.com/blogger/2008/kind#post, trademark, unfairness | Leave a comment

PTO/NTIA: notice and takedown

Posted on December 12, 2013 by rtushnet

Improving the Operation of the Notice and Takedown System Moderator: John Morris, Associate Administrator and Director of Internet Policy, NTIA Voluntary agreement among wireless companies will be announced today re: cellphone unlocking. We will not be talking about fundamental changes … Continue reading →

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Organization for Transformative Works: fundraising drive

Posted on October 2, 2013 by rtushnet

The Organization for Transformative Works is having a fundraising drive!  Donations support our work protecting and preserving fannish cultures, including our work on the DMCA remix exemptions, our open access journal, one of Time’s top ten websites of the year, … Continue reading →

Posted in dmca, fan fiction, fanworks, http://schemas.google.com/blogger/2008/kind#post | Leave a comment