My Twitter feed tells me that today is the fifth anniversary of the day the Internet “went dark” in protest of the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA). For anyone who needs a reminder, SOPA and PIPA were pieces of copyright legislation touted by their...
The Internet is full of trolls. So it’s no surprise that notice and takedown systems for online speech attract their fair share of them – people insisting that criticism of their scientific research, videos of police brutality, and other legitimate online speech should be removed from Internet...
This blog post is excerpted from our filing in response to the U.S. Copyright Office's 2016 Notice and Request for Public Comment on notice and takedown practice under the Digital Millennium Copyright Act (DMCA). The entire filing is available here.
16. How effective is the counter-notification...
Watch out! Fake news is coming to get you! Lock your doors and iPhones, guard your dogs and children, and hold on to your comb overs! But is fake news so bad, and isn't some, all, or most of it legally protected parody?
According to the New York Times, "fake news" is "pure fiction masquerading as...
With the Second Circuit’s recent decision in EMI v. MP3Tunes, the formerly small body of case law interpreting § 512(i) of the DMCA – the “repeat infringer” provision – continues to grow. Last year, for example, district courts held service providers ineligible for safe harbor for...
In 2013, in a lecture at Columbia University, Register of Copyrights Maria Pallante announced an ambitious vision for the “Next Great Copyright Act.” That vision appropriately included a prominent role for the Copyright Office in helping policy makers work through some difficult issues...
A few weeks ago, after I published a blog post raising the question of what might happen to CDA 230 when internet intermediaries like Facebook invoke First Amendment protections – which civil liberties lawyers’ were calling on Facebook to do in the wake of the controversy over its trending newsfeed...
What follows is the second of three posts on Capitol Records v. Vimeo. The first post is here.
Capitol Records' lawsuit against Vimeo, running in federal court since 2009, raised important and unsettled questions concerning the scope of safe harbors for online intermediaries under the...
What follows is the first of three posts on today's long-awaited decision by the Second Circuit Court of Appeals in Capitol Records v. Vimeo.
Capitol’s lawsuit against Vimeo, running in federal court in New York since 2009, raised important and unsettled questions concerning...