3 Count: Reverse Course

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1: CoStar No Longer Opposes Moving Zillow Copyright Suit to Seattle

First off today, Brooklee Han at HousingWire reports that CoStar has said it is open to moving its copyright infringement lawsuit against Zillow, saying that most of the witnesses are based in the area.

CoStar is a real estate information and data group. It sued Zillow, alleging that the site illegally uses (and continues to use) images it owns. Zillow has claimed that the photos uploaded by users and it is protected under the Digital Millennium Copyright Act (DMCA). However, CoStar alleges that Zillow subsequently used those photos for advertising purposes outside the scope of the DMCA.

The lawsuit was filed in New York, but Zillow quickly moved to move the case to Seattle. Initially, CoStar opposed this, but in a recent filing, it indicated that it would no longer oppose the move. However, they did say they reserve the right to challenge any allegation in Zillow’s motions.

2: Nhentai Rejects Piracy Claims, Hits Back with $500k Damages Claim for Fraud

Next up today, Ernesto Van der Sar at Torrentfreak writes that the adult website Nhentai has filed a counterclaim in its ongoing lawsuit with PCR Distributing, alleging that the company committed fraud when filing the lawsuit against them.

PCR sued Nhentai in September 2024. According to PCR, Nhentai is a pirate website illegally distributing PCR-owned content. However, Nhentai has denied wrongdoing, saying that PCR granted them a license to distribute the content as part of a collaboration the two sides were negotiating.

The judge has denied NHentai’s motion to dismiss. Rather than working to settle, the site has now filed counterclaims against PCR, alleging fraud. Nhentai is seeking $500,000 in damages.

3: Mac Jones Defeats Copyright Claim Over WIN Passage Tweet

Finally, today, Michael McCann at Sportico reports that San Francisco 49ers quarterback Mac Jones has emerged victorious in a case against author Keith Bell over a 2016 social media post.

Bell is the author of The Win Book, which he published in 1982. As part of that book, he wrote a well-known passage, Winning Isn’t Normal (WIN passage), which has been widely distributed online. In recent years, Bell has been extremely aggressive about defending this passage, filing multiple lawsuits and claims with the Copyright Claims Board (CCB).

This case involves a CCB claim over the WIN Passage. Jones had shared the passage on his social media in 2016, prompting Bell to file the claim. However, the board has ruled in Jones’ favor, saying that the social media post was fair use and warned Bell against filing similar claims in the future.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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