Communications & Media Law, Science, Computers & Technology, Civil Procedure

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

by Martin P.J. Kratz Q.C. | Bennett Jones LLP on 5/22/2013

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

Pro Te Solutio - Vol. 6 No. 1 February 2013

by Hemant Gupta, Keishunna Randall, Travis Swearingen | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/22/2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

Advertising News & Analysis - May 9, 2013

by Allyson Baker, Edward Boyle, Suzanne Fay Garwood, Jeffrey D. Knowles, Randall Miller, Amy Ralph Mudge, Jonathan L. Pompan, Michael Rivera | Venable LLP on 5/13/2013

In this issue: - Product Demonstrations Deliver Reward…and Risk - Sometimes the Claim is in the Eye of the Beholder - Viacom v. YouTube Decision Maintains DMCA Safe Harbor for Video Site - TCPA...more

BABC eDiscovery Newsletter - April 2013

by Brie Buchanan, Ty Dedmon, David Deusner, Kyle Hankey, Jonathan Head, Jessica Jones, Riley Key, Ann Phelps, Avery Simmons, Paul Smith, Fritz Spainhour, Frankie Spero | Bradley Arant Boult Cummings LLP on 5/10/2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 4/26/2013

Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more

DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube

by Meaghan Hemmings Kent, Martin Saad | Venable LLP on 4/26/2013

On April 18, 2013, the U.S. District Court for the Southern District of New York again held that YouTube is subject to the safe harbor provisions of the Digital Millennium Copyright Act as an internet service provider despite...more

Homework For The Privacy Commissioner Of Canada: Guidelines To Follow

by Tim Banks | Dentons on 4/24/2013

The House of Commons Standing Committee on Access to Information, Privacy and Ethics tabled its Report, entitled “Privacy and Social Media in the Age of Big Data” on April 23, 2013....more

Campmor, Inc. v. Brulant, LLC

Opinion Denying Daubert Motion in Limine to Exclude SEO Expert at Trial

by Ronald Coleman on 4/23/2013

Defendant Brulant moves in limine to preclude the testimony of Brian Cooper, Plaintiff Campmor’s expert witness on search engine optimization (“SEO”). The Court held a Daubert hearing on April 10, 2013. The motion is denied....more

Viacom v. YouTube Update: What Does It Mean For Me?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 4/22/2013

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more

Google AdWords Trade Mark Policy – Important Changes

by Caroline Cossio, Jonathan Feder | K&L Gates LLP on 4/19/2013

Google has revised its AdWords trade mark policy which is currently in place in Australia, Hong Kong, China, Macau, Taiwan, New Zealand, South Korea and Brazil and these changes will come into effect on 23 April 2013. From...more

DMCA Saves YouTube...Again

by James G. Gatto | Pillsbury Social Media, Entertainment &... on 4/19/2013

Yesterday a NY court again dismissed Viacom's $1 billion suit against Google/YouTube for copyright infringement. The court found that the DMCA shielded YouTube from liability after an appelate court vacated the prior...more

Illinois Federal Court Certifies Considerable Class In Data Company Privacy Suit

by BuckleySandler LLP on 4/16/2013

On April 2, the U.S. District Court for the Northern District of Illinois certified a class of individuals who downloaded and installed tracking software created and operated by a data company and distributed by one of the...more

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

by Judy Selby | BakerHostetler on 4/10/2013

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

by Eric Feder, James Rosenfeld | Davis Wright Tremaine LLP on 4/10/2013

A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more

Consumer Data Privacy and Data Breach Claims Haven’t Had a Leg to Stand on, But Support May Be on the Way

by F. Paul Pittman | Sedgwick LLP on 4/8/2013

As the saying goes, “You never really know what you’ve got ’til it’s gone.” For class plaintiffs seeking redress for the unauthorized collection of their personal information (PI), it’s their claims that courts have allowed...more

Trademark Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • NY Yankees Establish Rights to a Mark Despite Never Using It • Walgreen Is Denied Registration of WAL-ZYR for its Product Equivalent to ZYRTEC • The Batmobile Escapes a Motion to Dismiss -...more

CJEU protects the UK broadcasters from unauthorised live streaming in its recent decision in relation to TV Catchup service

by Stephen Edwards, Nick Swimer | Reed Smith on 3/14/2013

On 7 March 2013, the Court of Justice of the European Union (CJEU) delivered a surprisingly short and succinct judgment following a reference from the UK High Court regarding the legality of an internet live streaming site...more