Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) Blog. Producer Richard Gladstein knows all about piracy. As he recently wrote for The Hollywood Reporter, his latest film, The Hateful Eight, was “viewed illegally in excess of 1.3 million times since its initial theatrical release on Christmas Day.” Gladstein is not shy about […]

BMG v. Cox: ISP Liability and the Power of Inference

As readers are likely aware, the jury verdict in BMG v. Cox was handed down on December 17th. The jury found that BMG had proved by a preponderance of the evidence that Cox’s users were direct infringers and that Cox is contributorily liable for that infringement. The interesting thing, to me at least, about these […]

The Turtles, the Lone Ranger, & the Attack of the Zombie Copyrights

Flo & Eddie, Inc., owned by two founding members of “The Turtles,” has scored another victory in its ongoing efforts to protect its pre-1972 sound recordings. Last October, Flo & Eddie sued Pandora, stating four separate claims for relief against the internet radio service. The first claim was that Pandora had violated its statutory rights […]

Further Thoughts on Infringement as Conversion

After my last post discussing the holding in Flo & Eddie v. Sirius XM that the defendant had converted the plaintiff’s property when it publicly performed its pre-1972 sound recordings without a license, someone asked me how that holding is reconcilable with the Supreme Court’s statement in Dowling v. United States that “interference with copyright […]