Another Misguided Lawsuit: Ustream Sued Over Users' Actions
from the trademark-safe-harbors dept
It's no surprise these days to see that service providers are getting sued for the actions of their users, but it is always fun to see how the lawyers for the plaintiffs try to get around the obvious problems of DMCA or CDA safe harbors. The latest case involves boxing promoter One Ring suing Ustream, one of a number of live video streaming companies out there. Like the misguidedIn this case, though, there's a little tidbit, brushed over by the original article, but which suggests how One Ring hopes to get around the DMCA safe harbors on copyright infringement. It's not just suing Ustream over copyright, but it's also claiming that since its logo was seen via the broadcast, Ustream is also guilty of trademark infringement. That's because there's an annoying loophole in that trademark is not technically covered by either the DMCA's safe harbors or the CDA's safe harbors. The DMCA only covers copyright, and the CDA specifically exempts "intellectual property," thus leaving trademark in nowhere's land between the two. Not surprisingly, this has become a popular loophole for lawyers to try to exploit (in fact, we were recently threatened on this very point).
That said, it still seems like Ustream should have a strong case. Even if trademark is not explicitly covered by a safe harbor, simple common sense should make it clear that the company should in no way be liable for the actions of its users. On top of that, claiming that its trademark infringement to show the One Ring logo is also quite questionable and hardly seems likely to stand up under scrutiny. Still, it's an annoying lawsuit that Ustream has to deal with, for no particular reason.
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Filed Under: copyright, liability, safe harbors, streaming, trademark, video
Companies: one ring, ustream
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Too bad we see corporations and courts devoid of common sense lately. One Ring has no leg to stand on yet Ustream will still end up spending a pile of cash to defend itself. Ustream should counter sue for frivolous litigation to recoup legal fees.
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See?
Well, that's just the beginning, I can assure you. I don't know much, but I DO know that One Ring wants to rule them all....
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(Common sense, so rare it's a super power)
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Common Sense
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Could be good... HA
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Ustream is a flagrant copyright violator
Go to their site, and search for soccer or football or any number of other sports -- you'll find streams ripped straight from television, complete with the logos of the channels from which the content is being stolen!
It would be different if ustream were making any effort to take these streams down, but any sports fan can tell you that they do NOTHING to respect copyrights. That's why they're being sued.
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Re: Ustream is a flagrant copyright violator
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Re: Ustream is a flagrant copyright violator
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Simple common sense says that you should be responsible for what appears on your website. Ustream is flagrant in their disregard for copyright and trademarks.
This is one of those situations where "230" protections are unfair to copyright holders.
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Justin.tv is the real abusing
Its unbelievable these guys are still in business.
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Elvina Beck VS. Facebook
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