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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 882 (2006).

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. In April 2017, it filed a lawsuit against Goldsmith and her agency (now known as Lynn Goldsmith, Ltd.,

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Section 230 Applies to Tweeted Links to Defamatory Content–Coomer v. Donald J. Trump for President

Eric Goldman

This post focuses only on one corner of the lawsuit. ” That interpretation of Section 230 is obviously wrong, and the appeals court simply replies that “case law from other jurisdictions is uniformly to the contrary.” 2006), which stands for the opposite proposition. Rosenthal , and Zeran v.

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