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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

The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. As a result, a rich body of case law has developed distinguishing direct liability from secondary liability. 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. at 1978-79 (the Raging Bull case). 388, 392-93 (2006). MercExchange, LLC , 547 U.S. 17 U.S.C. §

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

Eric Goldman

” 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. ” (Cites to In re Facebook , Barrett v. Rosenthal , and Zeran v. Rosenthal, 146 P.3d

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