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March 27, 2006

Gaming VERO and the DMCA?

This seems like a paradigmatic lawsuit for IP on the Internet.

Plaintiff creates a guide relating to Defendant's product, which product is protected by TM and Copyright. Plaintiff sells the guide on eBay. Defendant notifies eBay that Plaintiff's product infringes, and requests termination of eBay auctions, pursuant to its VERO program. Plaintiff submits multiple VERO requests using at least two claimant names. Plaintiff might characterize Defendant's actions as 'gaming VERO' and the DMCA (see complaint for Plaintiff's description of the correspondence between Defendant, eBay and Plaintiff).

While, as far as I can tell, there has not yet been a determination of whether plaintiff's product does in fact infringe Defendant's rights, Plaintiff's product appears to have been kept off eBay several times during November and December.

Plaintiff has now sued Defendant for, inter alia, tortious interference
.

Coverage here.

March 09, 2006

Google and YouTube Subpoenaed By American Airlines

EFF Deep Links on subpoena relating to posting of American Airlines training video on Google Video and YouTube.

January 19, 2006

Logo Not Copyright Management Information Under DMCA

Removal of a trademark logo and link is not 'removal of copyright management information' as barred by the DMCA. The District Court for New Jersey dimissed a copyright claim, interpretating 'copyright management information' as being part of an automated system, not part of a manual system (such as affixation of a copyright notice).

IQ Group v. Weisner Publishing
, 03-5221 (D NJ Jan. 10, 2006) (via Rutgers, via BNA).