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Status Updates - August 2014 #12

..What’s not to like? The National Labor Relations Board has ruled that an employee’s Facebook “like” approving of another employee’s statements about their employer may constitute “concerted activity” under federal labor...more

Copyright and performance rights in an online video world

We can chalk up another Internet-prompted intellectual property frontier: performance rights. People have been performing for one another for centuries. But suddenly courts are grappling with performance copyright claims,...more

Supreme Court Decision Threatens Internet Television, But There Is Hope

When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this...more

Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

Fortres Grand Corp. v. Warner Bros. Entertainment Inc. - USCA, Seventh Circuit, August 14, 2014 - Seventh Circuit affirms district court’s dismissal of software company’s reverse-confusion trademark suit, where...more

In The New Landscape of TCPA Litigation, No Industry Is Safe

In recent years, the number of private actions filed under the Telephone Consumer Protection Act (the “TCPA” or the “Act”) has risen sharply, but perhaps more concerning is that litigants are using the Act to target an...more

Video Recordings Act 1984 (Exempted Video Works) Regulations 2014

The Department for Culture, Media & Sport has published regulations (“Regulations”) that amend the Video Recordings Act 1984 (“Act”)....more

Socially Aware - Volume 5, Issue 5 - August 2014

In This Issue: - Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping - Google Glass Into Europe: A Small Step or a Giant Leap? - Drugs and the Internet: FDA Distributes New...more

Per Second Circuit: Full Text Searchable Database Is Fair Use

Authors Guild, Inc., et al. v. HathiTrust, et al. - The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more

The Aereo Crashed: Cheap Internet TV Thwarted

American Broadcasting Cos., Inc. v. Aereo, Inc. - The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television networks. American...more

Drone Filmmaking and the Technological Power Shift

There is something stirring in the skies, and it’s about to turn the independent filmmaking world upside down. With this year’s arrival of accessible, affordable, and—most importantly—legal unmanned aircraft systems (UAS, or...more

USDJ finds that baseball “can at times prove boring to watch,” and strikes out award of provisional patent rights under 35 USC §...

Baseball Quick developed a way to shorten the time needed to view a recorded baseball game, without omitting any outcome determinative actions. The patent at suit, U.S. Patent No. 7,628,716 (“Method of recording and playing...more

Sports, Media and Entertainment Intelligence - August 2014 (Global)

BROADCASTING - US: Following loss before the Supreme Court, Aereo “astonishes” broadcasters with new legal strategy - New York-based Aereo asserts in federal district court that it is entitled to a compulsory license...more

Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges

In an important decision in a federal court case in New Jersey, In Re Nickelodeon Privacy Litigation, Google and Viacom obtained a dismissal of a claim against them under the Video Privacy Protection Act (“VPPA”). The...more

Aereo and Napster: Lessons in Licensing

As is increasingly reported, there is a battle raging in today’s marketplace between companies with new technology platforms and content creators from the entertainment community. On the one hand, are computer science...more

FRANCE: A French Court orders a Swiss company selling French game tickets over the Internet to prevent French Internet users from...

On April 10, 2014, the Court of First Instance of Paris found that VIAGOGO, a Swiss company operating a website selling sports tickets on the Internet, had no right to sell tickets for a French soccer game organized by the...more

Online Copyright Protection: an interesting decision by the Italian Communications Authority

On June 26, 2014 the Italian Communications Authority (AGCOM) issued an interesting decision pursuant to the Online Copyright Protection Regulations. This decision is one of the firsts facing the issue of copyrighted...more

United States Supreme Court Rules Online TV Streaming Service Violates Copyright Law

On June 25, 2014 the Supreme Court of the United States in ABC v. Aereo, Inc., No. 13-461 (S.Ct. June 25, 2014), in an opinion delivered by Justice Breyer, ruled that an online television streaming service that allows...more

UK anti-piracy campaign set for launch

In an effort to combat digital piracy, the film and music industries have reached an agreement with the UK’s leading ISPs to launch the ‘Voluntary Copyright Alert Programme’ next year. The programme will send up to four...more

Following loss before the Supreme Court, Aereo "astonishes" broadcasters with new legal strategy

Shortly after its highly publicized loss before the US Supreme Court, which appeared to doom its over-the-air television Internet streaming business, New York-based Aereo has asserted in federal district court that it is...more

Copyright Office: Aereo Likely Not A Cable Company

We previously reported on the Supreme Court’s recent decision on June 25, 2014 that Aereo, Inc.’s internet television service infringed the copyright of the programs being transmitted by the service. In holding that Aereo was...more

Aereo Loses Battle with Broadcasters Over Online Television Programming

In a highly anticipated decision, the Supreme Court ruled on June 29, 2014 that Aereo Inc.’s online service that broadcasts television programming over the Internet infringed on the exclusive right of television broadcasters...more

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo...more

EU: Commission recommends principles to Member States to promote effective protection of consumers

On Monday 14th July, the European Commission issued its Recommendation for the principles that Member States should consider adopting for the further protection of the consumers of online gambling services. In 2011,...more

Are Criminal Laws the Right Response to Revenge Porn?  [Video]

July 15, 2014 (Mimesis Law) -- Scott Greenfield, criminal defense attorney and blogger at Simple Justice, talks with Lee Pacchia about some of the problems he sees in passing laws criminalizing revenge porn. In light of the...more

Australia: Illegal streaming hits the World Cup

The 2014 FIFA World Cup has been a ratings success for SBS, which has an exclusive Media Rights Licence to broadcast the World Cup across television, radio and the internet in Australia. However, with the tournament now...more

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