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CloudFlare’s Desperate New Strategy to Protect Pirate Sites

CloudFlare’s Desperate New Strategy to Protect Pirate Sites | ISP liability | Scoop.it
Cross-posted from the Center for the Protection of Intellectual Property (CPIP) blog. CloudFlare has earned a somewhat dubious reputation in the online world.
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FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising

For over a decade, I’ve blogged about 1-800 Contacts’ campaign to suppress competitive keyword advertising, including its legislative games (e.g., those times when 1-800 Contacts asked …
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Web Host Defeats Copyright Liability Despite Mishandled Takedown Notice–Hydrenta v. Luchian

Web Host Defeats Copyright Liability Despite Mishandled Takedown Notice–Hydrenta v. Luchian | ISP liability | Scoop.it
The plaintiff produces pornography and distributes it through paid membership sites. The defendants run ad-supported websites that allow users to upload videos, a total of 475,000 user-submitted vi…
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Vimeo’s Second Circuit DMCA Safe Harbor Win Over Capitol Records

Vimeo’s Second Circuit DMCA Safe Harbor Win Over Capitol Records | ISP liability | Scoop.it
This is an important DMCA safe harbor opinion. It’s from the Second Circuit, an influential court, and it extends the Second Circuit’s 2012 key Viacom v. YouTube ruling in important way…
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Preemption Dooms Suit Over LinkedIn Group Spam

Preemption Dooms Suit Over LinkedIn Group Spam | ISP liability | Scoop.it
This is a lawsuit over spam sent to the member of a LinkedIn group. The common sense failings underlying the claims speak for themselves, but the court ends up dismissing on preemption grounds. Pla…
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Supreme Court Denies Review of Ninth Circuit Decision Finding no Trademark Infringement for Amazon Search Results | Lexology

Supreme Court Denies Review of Ninth Circuit Decision Finding no Trademark Infringement for Amazon Search Results | Lexology | ISP liability | Scoop.it
On February 29, 2016, the Supreme Court declined to review a Ninth Circuit decision holding that there was no likelihood of confusion, and therefore…
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Plaintiff Can Use Facebook to Notify Ex-Wife of Lawsuit

Plaintiff Can Use Facebook to Notify Ex-Wife of Lawsuit | ISP liability | Scoop.it
As ubiquitous as Facebook is, federal judges are leery of letting a social network substitute for a mailman when it comes to serving court papers to defendants. A ruling this week in a federal court in New York City is perhaps a sign that the day may not be far away.
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Decision Oberlandesgericht (Court of Appeal) Hamburg of July 1, 2015, file no. 5 U 87/12 and Landgericht (District Court) Munich I of 30 June 2015, file no. 33 O. 9639/14

Topic is the liability of a Internet 2.0 intermediary (Youtube) under the concept of storerhaftung in German law.


Via Nelly.Ognyanova
Hadrien Huet's insight:

"Interestingly, the Court of Appeal Hamburg later stated that the liability privilege for hosting providers (Art. 14 e-commerce directive and its German implementation Art. 10 TMG) could no longer be applied to YouTube, as YouTube “presents third party content like own content” by arranging, structuring and filtering its extensive offering. YouTube followed a business model whereby it was “appropriating third party content”. However, according to the court, this appropriation would notbe sufficient to make YouTube a directly infringing perpetrator." Stoererhaftung requires that YouTube has breached its duty of care after having been notified of an infringement. This duty of care (arising with notification) does not only include a mere takedown of the infringement notified, but also a stay down and the prevention of other infringements of the same kind which are also obvious. This concept applies to YouTube according to the Hamburg court. But here, the differences between YouTube’s business model and a genuine hosting provider come into play. The Court of Appeal Hamburg extended YouTube’s duty of care because they provide a platform which makes third party content very attractive for recipients."

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Twitter Sued for Failing to Remove Copyrighted Photo - TorrentFreak

Award-winning photographer Kristin Pierson has filed a lawsuit against Twitter, claiming that the social network failed to remove one of her photos. In a complaint filed at a federal court in California, Pierson demands a restraining order and compensation for the damage she suffered.

Hadrien Huet's insight:

complaint: http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2012&context=historical

 

docket: https://dockets.justia.com/docket/california/cacdce/2:2015cv05668/623935

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Capitol Records LLC dba EMI Music vs Escape Media Group Inc. dba Grooveshark, SD NY, March 25, 2015

Capitol Records LLC dba EMI Music vs Escape Media Group Inc. dba Grooveshark, SD NY, March 25, 2015 | ISP liability | Scoop.it

topic: the obligation to fight against repeat offense under the DMCA

Hadrien Huet's insight:

The failure to reasonably implement a repeat infringer policy can disqualify an Internet service provider from safe-harbor immunity from liability under the DMCA.

"[...] over time, courts have looked at certain recurring features to determine whether a service provider's repeat infringer policy is implemented within the meaning of § 512(i). For the reasons discussed below, the Court agrees with Judge Netburn that three such features are relevant here: (1) Escape's failure to keep adequate records of infringement; (2) Escape's practice of actively preventing copyright owners from collecting information necessary to issue DMCA takedown notifications; and (3) Escape's failure to "terminate" repeat infringers. Each of these shortcomings, standing alone, is sufficient to deny Escape's safe harbor defense."

 

full article (with notes: http://www.weil.com/~/media/publications/alerts/15_04_30_ip_media_alert.pdf)

 

memorandum and court order: https://casetext.com/case/capitol-records-llc-v-escape-media-grp-inc

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Case Comment: Yinian (Shanghai) Garments Trading Co., Ltd. v. Zhejiang Taobao Network Co., Ltd.

topic is the contributory trademark liability in China for hosts/marketplaces published: Aug 29, 2012 "As the biggest Chinese internet service provider in online transaction, Taobao should be capable of managing infringing acts of online users, but Taobao did not provide for or take any other penalty measures except for simply deleting infringing goods information. This connived and helped the infringing act of Du Guofa. That is, Taobao’s intentionally facilitating Du Guofa in selling counterfeit goods constituted contributory infringement."
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Cloudflare Faces Lawsuit For Assisting Pirate Sites - TorrentFreak

Cloudflare Faces Lawsuit For Assisting Pirate Sites - TorrentFreak | ISP liability | Scoop.it
In recent months CloudFlare has been called out repeatedly for offering its services to known pirate sites, including The Pirate Bay.
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Strasbourg Court To Hear A Case About Liability For Hyperlinking

Strasbourg Court To Hear A Case About Liability For Hyperlinking | ISP liability | Scoop.it
"Strasbourg court to hear a case about liability for hyperlinking" CIS: https://t.co/oT7R1Kn8Rn #law #Internet
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Migration of European Judicial Ideas Concerning Jurisdiction Over Google on Withdrawal of Information

Migration of European Judicial Ideas Concerning Jurisdiction Over Google on Withdrawal of Information | ISP liability | Scoop.it
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Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. Provide Commerce

The parties compete in the “chocolate and fruit-based gift packages” market. Provide bought competitive keywords that used the plaintiff’s trademark, including the keywords “edibl…
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Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore

Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore | ISP liability | Scoop.it
BWP Media is a celebrity photo agency and a repeat online copyright plaintiff. Polyvore is…well, I don’t really get what they do. They say the site “is a new way to discover and s…
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Search Engine Snippets Protected By Section 230–O’Kroley v. Fastcase

The plaintiff’s vanity Google search results included the following snippet: “indecency with a child in Trial Court Cause N . . . Colin O’Kroley v Pringle.” The linked result (to Google Book&…
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Trademarks as Keywords: Spanish Supreme Court finds no infringement

Trademarks as Keywords: Spanish Supreme Court finds no infringement | ISP liability | Scoop.it
[Cross posted on the Stanford CIS Blog] The Spanish Supreme Court (TS) has recently ruled on the legality of using someone else’s trademark as a keyword to trigger sponsored ads in Google Adwords. The case is Maherlo v Charlet (pdf, in Spanish). The claimant, Maherlo Ibérica S.L., commercializes elevator shoes for men—shoes with raised insoles…
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Online Targeted Advertisements are Not Sufficient to Establish Personal Jurisdiction in Wisconsin | Lexology

Online Targeted Advertisements are Not Sufficient to Establish Personal Jurisdiction in Wisconsin | Lexology | ISP liability | Scoop.it
Almost every business today has a website, which can be accessed by anyone in the world with an Internet connection. If the business provides for…
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BWP Media USA Inc., et al. v. Hollywood Fan Sites LLC, et al. (S.D.N.Y. 2015)

topic is the proper designation of an agent under the dmca

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DELFI AS v. ESTONIA, European court of Human Rights, 16 June 2015

The court held that Estonian courts were entitled to hold an online news portal liable in defamation for comments submitted anonymously by readers. [...] The finding of Delfi's liability did not violate the guarantee of freedom of expression under Article 10 of the European Declaration of Human Rights

Hadrien Huet's insight:

Judgement: http://hudoc.echr.coe.int/eng#{%22languageisocode%22:[%22ENG%22],%22appno%22:[%2264569/09%22],%22itemid%22:[%22001-155105%22]}

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BMG vs Cox Communication, E. D. Virginia, sept. 21, 2015

topic: the obligation to fight against repeat offense under the DMCA

Hadrien Huet's insight:

Judge Liam O’Grady found that Cox had failed to set up and enforce a repeat-infringer policy that is required for the immunity under DMCA. The ruling means that the case can go forward because Cox is not entitled to the protection under the DMCA for vicarious liability.

 

opinion: http://cdn.arstechnica.net/wp-content/uploads/2015/12/BMG.Cox_.opinion.pdf

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Forbes Welcome

Amazon AppStore and Google Play Defeat Lawsuit Over Infringing App Name

Hadrien Huet's insight:

" if the trademark owner had sent takedown notices, the app stores apparently would have had to take down the apps or face contributory liability. The court gives the trademark owner another chance to plead its contributory liability case."

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