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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
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- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Tag Archives: dmca
Copyright Office 512 Roundtable: Voluntary Measures and Industry Agreements
Official description: Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including availability of programs to smaller service providers and creators; cooperation in identifying infringers; … Continue reading
Copyright Office 512 Roundtable: Technological Strategies and Solutions
Official description: Infringement monitoring tools and services; automated sending of notices, including notice parameters; automated processing of notices; role of human review; identification of works through fingerprinting, hash identifiers, and other technologies; filtering, including “staydown” capabilities; fair use considerations; … Continue reading
Copyright Office 512 Roundtable: Scope and Impact of Safe Harbors
Scope and Impact of Safe Harbors Official description: Scope of entities and activities covered by safe harbors; incentives (and disincentives) for creators, copyright owners, online providers, investors, and users; impact on licensing activities; effectiveness of remedies, including ability to … Continue reading
Copyright Office 512 Roundtable: Applicable Legal Standards
Applicable Legal Standards Official description: Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements and Lenz; misrepresentation; fair use; use of representative lists; availability of injunctive relief; use of subpoenas; role … Continue reading
Copyright Office 512 Roundtable: Service provider response
Session 2: Notice-and-Takedown Process—Service Provider Response and Counter-Notifications Official description: Handling of and response to notices, including timing and notices from high-volume senders; sending and handling of counter-notifications; volume of notices and counter-notifications; costs and burdens on large- and … Continue reading
Copyright Office 512 Roundtable: Notice and Takedown
A couple of introductory thoughts: There are over 20 panelists per hour and a half panel. The math on that is not good in terms of substantive contributions, even if no one rolls out their talking points at all in … Continue reading
Empirical analysis of chilling effects
Jon Penney discusses his research on chilling effects, including chilling effects from DMCA takedowns and government surveillance. The paper on government surveillance and Wikipedia is here; the abstract for the DMCA piece is here. from Blogger http://ift.tt/1T9NKF9
Website can use DMCA safe harbor for acts of its independent contractors
BWP Media USA, Inc v. Clarity Digital Group, LLC, No. 15-1154 (10th Cir. Apr. 25, 2016) BWP owns the copyrights to various celebrity photos, and its business model appears to be lawsuit-based, at least in part. It sued defendant … Continue reading
comments on 512 from the Organization for Transformative Works
Available here. I look forward to participating in the Copyright Office’s roundtable as well. from Blogger http://ift.tt/25AEJig
Comments on section 512 from the OTW and a few others
The Copyright Office has posted the responses to its notice of inquiry on 512. Here’s the Organization for Transformative Works comment on 512. Also, among the 90,000+ responses, there are comments from Eric Goldman, and a comment based on the … Continue reading →