DMCA Does Not Like This Flava: Injunction Granted Due To Insufficient Repeat Infringer Policy

Lovely City Snap, but for...
Creative Commons License photo credit: cobalt123

A district court in the Northern District of Illinois granted a preliminary injunction on July 27, against an online video service, finding both (1) knowledge of infringement sufficient to support contributory liability and (2) unavailability of the DMCA safe harbor defense based upon the defendant’s failure to enact and enforce a reasonable repeat infringer policy. [Read more…]

Copyright Act Preempts All State Law Claims Based On Fraudulent DMCA Notice

Horse by Paul Jackson
Creative Commons License photo credit: dcbaok

I guess you could call this the law of the virtual horse.  In a new copyright preemption case, Amaretto Ranch Breedables, LLC v. Ozimals, Inc., the District Court for the Northern District of California held that any of the plaintiff’s state law claims premised upon the defendant’s alleged fraudulent DMCA takedown notices were preempted by the Copyright Act.  [Read more…]