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Ill-Advised Attempt to Blow Up the DMCA Online Safe Harbors Unsurprisingly Fails–Athos v. YouTube

Eric Goldman

These uploads have irritated Athos since 2014. Indeed, these claims have all been repeatedly rejected by applicable case law BUT. This does make me wonder about Athos’ choice to double-down on the old-fashioned takedown notices, costing lots of time and money, to preserve the lawsuit option.

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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. 431 (2014).

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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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Berkeley Technology Law Journal Podcast: Bias in Algorithms with Professor Robert Koulish

Berkley Technology Law Journal

In that filing the public statements and of these lawsuits, you saw, we found an increase in the dissents of Enforcement and Removal officers, which had the result of keeping more people detained. And then the change in January 2014. And what we see really since 2014 2015, is that for people in custody, detention has been the default.

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