Tag Archives: dmca

sending DMCA notices about uncopyrightable work might be willful blindness, or not

Posted on September 17, 2025 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2025 WL 2551098, No. 8:23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 4, 2025) Previous discussion. I find this case interesting because of the underlying gadget, the Kitchen Cube, which has depressions on different sides corresponding to different standard … Continue reading →

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allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation

Posted on December 11, 2024 by rtushnet

MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, — F.Supp.3d —-, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under … Continue reading →

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IPSC Breakout 5 Comparative Approaches

Posted on August 9, 2024 by rtushnet

Stefania Fusco (co-author Valerio Sterzi), Does the EU Need an EBay-Like Case? Evidence Against Granting Automatic Injunctions in Europe Patent paper; issues involving NPEs similar to trolling issues in US. If most infringement cases are between noncompetitors, automatic injunction is … Continue reading →

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New piece: A Hobgoblin Comes for Internet Regulation

Posted on February 20, 2024 by rtushnet

 My contribution to From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Regulation and Copyright. from Blogger http://tushnet.blogspot.com/2024/02/new-piece-hobgoblin-comes-for-internet.html

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Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 3: Algorithms Liability and Transparency

Posted on June 30, 2023 by rtushnet

Chair: Martin Senftleben Impulse Statement: Sebastian Felix Schwemer Recommendation systems; transparency is the approach to recommender systems, which intersects with privacy/data protection. How much can we throw recommendation of information and moderation of information in the same bowl? Algorithmic recommendation/moderation: … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 4: Industry Perspectives

Posted on April 8, 2023 by rtushnet

Moderator: Daphne Keller, Stanford Cyber Policy Center    DSA represents a shift to operational mandates compared to DMCA, Art. 17—thoughts? Sabrina Perelman, Pinterest: Important to remember what DSA is and isn’t. We’ve preserved the safe harbor, prohibition against general monitoring. … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 2: Will the DSA Achieve a “Brussels Effect”?

Posted on April 7, 2023 by rtushnet

 Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? Criteria favoring a Brussels Effect … Continue reading →

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DMCA gives Walmart only a gleam of light in sculpture infringement case

Posted on August 24, 2021 by rtushnet

Russell v. Walmart Inc., No. CV 19-5495-MWF (JCx), 2020 WL 9073046 (C.D. Cal. Oct. 16, 2020) Russell owns registered copyrights in certain photos of sculptures that appeared on Walmart’s marketplace. Previously, the court found that all of Walmart’s affirmative defenses … Continue reading →

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Comments on DMCA reform

Posted on December 2, 2020 by rtushnet

Senator Tillis has been soliciting suggestions for DMCA reform (including 512, 1201, and 1202). With Jessica Litman, Pam Samuelson, and Jennifer Urban, I submitted responses. The Organization for Transformative Works, on whose legal committee I serve, also submitted responses.  from … Continue reading →

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Section 512 roundtable, open mic

Posted on April 9, 2019 by rtushnet

Open mic Janis Pilch, Rutgers U: domestically it seems obvious that litigation on 512 can’t change the systemic problem of infringement and the impossibility for most rightsholders to litigate. 512 sets up a permanent conflict b/t service providers and rightsholders.  … Continue reading →

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