Category Archives: secondary liability

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

Posted on September 24, 2014 by

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 →

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SCIPR, patents (Limelight/Medtronic)

Posted on September 12, 2014 by

(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 →

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

Posted on August 11, 2014 by

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 →

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IPSC part 9: copyright plenary session

Posted on August 8, 2014 by

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 →

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IPSC part 7: copyright limitations

Posted on August 8, 2014 by

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 →

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IPSC part 6: copyright/TM enforcement

Posted on August 8, 2014 by

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 →

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The Next Great Copyright Act Conference, part 3

Posted on April 3, 2014 by

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 →

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