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Business Litigation Report -- September 2014

In This Issue: - Main Article: ..The Supreme Court Revisits Patent Eligible Subject Matter in Alice v. CLS Bank - Practice Area Notes: ..International Arbitration Update ..Trial Practice...more

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014 : District court grants partial summary judgment in favor of plaintiff on copyright claims against Sirius XM Radio, holding that...more

Turtles Quick to Leverage SiriusXM Decision in New Suit Against Pandora

Any child familiar with Aesop’s Fables can tell you that turtles are slow. The founding members of the 1960s rock band named after these half-shelled plodders, however, were anything but slow in moving to take full advantage...more

SiriusXM and Pre-1972 Recordings Not So Happy Together

Debate over the most influential band from the 1960s will generally include names like the Beatles, the Rolling Stones, and Led Zeppelin, but a lesser-known act from one of music’s greatest eras, the Turtles, may have just...more

Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more

Aereo: Another View

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014), the Supreme Court reversed the Second Circuit’s denial of a preliminary injunction against Aereo, finding Aereo liable for direct copyright infringement...more

The Power of Smell: Scent Marketing Meets the Future of Gaming and Internet Surfing

Scent marketing is as old as a real estate agent baking cookies in a house for sale and as new as Oscar Mayer’s “bacon” alarm clock. Harnessing the primal power of smell represents a new frontier of subliminal...more

Recent Developments In Information Technology Law – Third Quarter 2014

The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues. Over the past few months, the Court issued a number of patent law related opinions covering ground from claim...more

Status Updates - September 2014 #2

Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove...more

Markit to Market - August 2014

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...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

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

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

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

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

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