Our work
Recent Litigation
The Digital Justice Foundation’s lawyers are committed to tackling hard legal questions at the intersection of technology and law. We are honored to note that we have represented many clients, who could not otherwise obtain appellate counsel, in appeals raising novel and important legal questions. The Foundation’s appellate representation has helped establish new law in binding, precedential decisions at the appellate level across the nation.
Appellate Merits Victories
Greer v. Moon, 83 F.4th 1283 (10th Cir.), reh’g denied Dec. 4, 2023
- Holding that posting of unredacted DMCA notices in a manner designed to attract attention to infringing copies would constitute contributory copyright infringement.
- Slip Opinion | Stanford Copyright & Fair Use Center Summary
Foss v. Eastern States Exposition, 67 F.4th 462 (1st Cir. 2023)
- Holding, in a case of first impression, that "federal res judicata law recognizes the 'alternative-determinations' doctrine. . .which strips a dismissal of claim preclusive effect if the dismissal rests on multiple grounds, not all of which would on their own render the dismissal claim preclusive. . . ."
- Opinion | Stanford Copyright & Fair Use Center Summary
Bell v. Wilmott Storage Services, LLC, 12 F.4th 1065 (9th Cir. 2021), reh’g denied Nov. 17, 2021
- Holding, inter alia, that copyright plaintiffs do not need to prove who viewed an online infringement and that there is no standalone de-minimis defense to infringement.
- Slip Opinion | Stanford Copyright & Fair Use Center Summary
Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., 9 F.4th 803 (8th Cir. 2021), reh’g denied Oct. 5, 2021
- Holding that 17 U.S.C. § 120(a) does not permit realtors to put floor plans of copyrighted homes and buildings online without the copyright owner’s authorization.
- Slip Opinion | Stanford Copyright & Fair Use Center Summary
Grimm v. City of Portland, 971 F.3d 1060 (9th Cir. 2020), reh’g denied Nov. 13, 2020
- Holding, inter alia, that pre-towing notice is “presumptively required” and that the Mullane-Jones standard provides the proper test for the sufficient method of notice.
- Slip Opinion | DJF’s Opening Brief | DJF’s Reply Brief
Appellate Amicus Contributions
Everly v. Everly, 958 F.3d 442 (6th Cir. 2020)
- Holding, inter alia, that an express repudiation of copyright ownership is insufficient to constitute an express repudiation of copyright authorship.
- Slip Opinion | Stanford Copyright & Fair Use Center Summary
Mozilla Corp. v. FCC, 940 F.3d 1 (D.C. Cir. 2019), reh’g denied Feb. 6, 2020
- Holding that intervenors can raise new arguments in admin cases and that FCC rehearing is not needed to challenge FCC rationales as arbitrary and capricious.
- DJF filled as amicus curie in support of neither party.
- Slip Opinion | DJF’s Opening Brief | DJF's Reply Brief
Brammer v. Violent Hues Prods., LLC, 922 F.3d 255 (4th Cir. Apr. 26, 2019)
- Holding that the easy availability of similar images under free license weighed against a finding that an unauthorized use of a copyrighted work was a fair use.
- DJF filled as amicus curie in support of Russell Brammer and reversal.
- Slip Opinion | DJF's Amicus Brief | Stanford Copyright & Fair Use Center Summary
Smith v. Thomas, 911 F.3d 378 (6th Cir. 2018) (citing and quoting DJF amicus brief at 382)
- Holding, inter alia, that the Copyright Act does not require specific formal procedures or magic words to elect statutory damages as the monetary remedy for infringement.
- Slip Opinion | DJF’s Amicus Brief