Is Judge Stanton’s decision in Viacom v. YouTube vulnerable on appeal? You bet. Before I explain why some background.

The Action and Motions

In 2007 Viacom sued YouTube for copyright infringement alleging that YouTube posted on its site tens of thousands of Viacom’s videos without permission. Viacom argued in its summary judgment motion:

YouTube’s founders single-mindedly …

A recent Tenth Circuit decision in a trademark case demonstrates that it is possible to win even when nothing goes right. In this case, Lorillard Tobacco Co. v. Engida , plaintiff sued a liquor dealer under the Lanham Act for selling counterfeit Newport cigarettes.

Lorillard then sought injunctive relief and lost at every turn. The district court dissolved …

The problems that Sony v. Tenenbaum will cause copyright owners, if affirmed on appeal, are many.  I touched on a few in an related post. Professor Eric Goldman in an excellent post adds a few more.  As he indicates, Tenenbaum will now prompt a due process defense to a statutory damage claim thereby making copyright litigation, …

As Ben Sheffner reports in his fine blog, Copyright and Campaigns, the parties in Capitol Records v. Thomas-Rasset have been unable to reach a settlement in this much litigated copyright infringement case. Therefore, a third trial (that’s not a typo) in this case will likely go forward in early November.

This case is a …