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Are Links on a Social Network Contributory Copyright Infringement?

Because it was not satisfied that a social network, hosting links to copyrighted videos, was a contributory infringer, the Seventh Circuit has vacated a preliminary injunction against the social network.  Flava Works, Inc. v. Gunter, No. 11-3190 (7th Cir. Aug. 2, 2012).  According to Judge Posner’s opinion for the court, even if the defendant, myVidster, […]

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A Lesson in Compliance With DMCA Takedown Notice Requirements

A defendant, seeking dismissal of the plaintiff’s complaint, was unable to rely on the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), on the ground that the plaintiff had failed to comply with the DMCA’s notice provisions where the complaint did not make clear whether the defendant had complied […]

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DMCA Copyright Infringement Safe Harbors Addressed by 2nd Circuit

In a high-profile case, the Second Circuit has defined contours of the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c); those provisions relieve a service provider of liability for certain copyright infringements.  Viacom Int’l, Inc. v. YouTube, Inc, Nos. 10-3270-cv and 10-3342-cv (2nd Cir. April 5, 2012).  In a detailed […]

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How Far Do the DMCA’s Anti-circumvention Provisions Go?

Taking a practical “I-know-it-when-I see-it” approach, a Nevada court considered the applicability of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 1201(a)(2), and other statutes, to mechanisms that allowed users to receive proprietary satellite programming for free.  The court entered a preliminary injunction, and authorized impoundment of devices and codes used to access the […]

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Misrepresenting Infringement Under the DMCA

A pro se plaintiff was unable to plead adequately that Viacom had knowingly misrepresented that the plaintiff infringed Viacom’s copyrights when Viacom sent DMCA takedown notices to various content providers.  Ouellette v. Viacom International, Inc., No. CV 10-133-M-DWM-JCL (D. Mont. March 13, 2012).  Therefore, the court granted Viacom’s motion for judgment on the pleadings under […]

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