Category Archives: secondary liability

Oh No They Didn’t infringe: Livejournal gets DMCA safe harbor

Eric Goldman on Mavrix Photographs LLC v. LiveJournal, Inc., No. 8:13-cv-00517-CJC-JPR (C.D. Cal. Sept. 19, 2014): plaintiff refuses to send DMCA notices to host website, sues instead.  As Eric says, this is a great case for a fee-shift, since (1) … Continue reading

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

SCIPR, patents (Limelight/Medtronic)

(Ed. note: as is clear from my notes, I have a somewhat Gingerly approach to patent law. My apologies for any inaccuracies.) Limelight Networks v. Akamai Technologies (Induced infringement when defendants have not directly infringed.) Medtronic v. Mirowski Family Ventures, … Continue reading

Posted in http://schemas.google.com/blogger/2008/kind#post, patent, secondary liability | Leave a comment

Dodged a virus and copyright liability: Court rules unused copy isn’t infringing

Design Data Corp. v. Unigate Enterprise, Inc., 2014 WL 3868076, No. 12–cv–04131 (N.D. Cal. Aug. 6, 2014) The court found that defendants couldn’t be liable for copyright infringement when the only copying they ever did consisted of downloading, but not … Continue reading

Posted in http://schemas.google.com/blogger/2008/kind#post, secondary liability | Leave a comment

IPSC part 9: copyright plenary session

Plenary Session Making Copyright Work for Creative Upstarts Sean Pager Imagine you’re a singer in a rock band, and hear your song used unauthorized for a car commercial. You call and they brush you off.  You can’t afford a lawyer, … Continue reading

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

IPSC part 7: copyright limitations

Fifth Breakout Session Copyright Limitations Inventing Around Copyright Dan Burk Recurring pattern in ©: Napster/Grokster, where Napster was held liable for having centralized architecture/ability to know what’s on the system and thus being contributorily/vicariously liable. Not surprisingly, next generation P2P … Continue reading

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

IPSC part 6: copyright/TM enforcement

Fourth Breakout Session Copyright and Trademark Enforcement Do ‘Groundless Threats’ Statutes Curtail IP Over-Enforcement? William Gallagher Research interest: how disputes are negotiated and resolved outside of court, as most legal disputes are.  Studying it qualitatively, based on interviews w/lawyers and … Continue reading

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

The Next Great Copyright Act Conference, part 3

Secondary Liability and Safe Harbors Moderator: Andrew Bridges, Fenwick & West LLP Shira Perlmutter, USPTO §512 was intensively negotiated and complex; intended to be a very careful balancing act, so carefully balanced that the participants would’ve told you that every … Continue reading

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