In the Courts
Ad Networks and Copyright, Text Spam and Perfect 10s
Judge Enjoins Ad Network from Running Ads for Infringing Site
In a rare move, a federal judge has enjoined Chitika and Clicksor.com from placing ads with the site Pharmatext.org based on allegations that the site infringes copyright by offering pirated e-books. The issue of advertiser liability for contributory infringement is rare, although Warner Brother and Disney did bring such a suit in July 2010.
More info: Ad Networks Ordered To Stop Working With Alleged Piracy Site, Daily Online Examiner
Court rejects Constitutional challenge to Wireless Spam Complaint
Unlike email spam, wireless spam is regulated by the Telephone Consumer Protection Act which requires prior affirmative consent before sending text ads to users. A Washington federal court recently rejected a challenge that the statute was unconstitutionally vague finding that the FCC had provided ample guidance of what is required in permitting a recipients action to move forward.
More info: Judge: Law Prohibiting Text Message Spam Not Unconstitutional, Daily Online Examiner
Perfect 10 v. Google Nears Final Round
As Perfect 10’s six year battle with Google over use of thumbnails images of its adult content nears a close with the District Court dispensing with most of its claims for failing to provide a proper Digital Millennium Copyright Act (DMCA) takedown notice, Perfect 10 is now appealing based on the argument that Google engaged in copyright infringement by forwarding its DMCA to the Chilling Effects Clearinghouse (CEC). According to its founder Wendy Seltzer, CEC was established to provide transparency around the DMCA notice-and-takedown process and the district court found Google’s forwarding notices to CEC was fair use.
More Info: Perfect 10 TO Appellate Court: Forwarding DMCA Notices Infringes Copyright, Daily Online Examiner.
Cyber Report 