Publishers v. Audible: An Army of Red Herrings

Audible has now filed its response to the publishers’ request for a preliminary injunction—twice. It filed the exact same brief to argue that it shouldn’t be preliminarily enjoined (Dkt. 34) and to argue that the complaint should be dismissed for failure to state a claim (Dkt. 41). Unfortunately for Audible, the repetition of fallacious arguments … Continue reading “Publishers v. Audible: An Army of Red Herrings”

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

Cross-posted from the Law Theories blog. 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, … Continue reading “BMG v. Cox: ISP Liability and the Power of Inference”