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The ITC Tries an En Banc Shot to Redefine Its Regulatory Authority

In our recent post, Living in a Nonmaterial World: Determining IP Rights for Digital Data, we discussed the potential impact of the Federal Circuit decision in ClearCorrect v. ITC, 2014-1527, in which the appeals court held...more

Popular Fantasy Football Draft Companies In Lawsuit Over Patent Infringement

Anyone who knows about fantasy leagues—or watches any professional or collegiate games—has undoubtedly heard of DraftKings and FanDuel. Both companies offer a Daily Fantasy Sports (“DFS”) gaming website that allows people to...more

Second Circuit Holds Google Books Is Fair Use

In a much anticipated decision, handed down in October of last year, the Second Circuit held Google Books to be a fair use of the copyrighted works Google digitized, catalogued, and offered for on-line searching. The Second...more

Certification Denials and Appellate Jurisdiction

Last Week, the Supreme Court granted certiorari in the Microsoft Xbox case to decide whether federal courts of appeals have jurisdiction to review orders denying class certification after named plaintiffs voluntarily dismiss...more

Greater liability for ISP’s

In a sure-to-be-appealed verdict last week, a federal court jury in the Eastern District of Virginia found Cox Communications liable to pay $25 million to music publisher BMG Rights Management for contributory copyright...more

Google Books Is Transformative and Therefore a Fair Use - The Authors Guild, et al. v. Google, Inc.

Addressing the boundaries of fair use in copyright law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens of millions of books to establish a publicly available search function was a...more

Three Point Shot - December 2015

Keep Off the (Patented) Grass - Maintaining a beautiful lawn usually requires a lot of work, unless you are friends with Edward Scissorhands or install a "Brady Bunch" lawn of artificial grass instead. Installing...more

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

Another Gambling Class Action Fails – Court Finds Social Casino Games Not Gambling

A Federal Court in Washington state dismissed a Plaintiff’s class action claims that social casino games using purchasable virtual casino chips constitute gambling under Washington state law. The Court found that the virtual...more

Google Books and Fair Use: From Implausible to Inevitable?

A for-profit corporation scans millions of in-copyright books and permanently stores their full contents in its database, all without seeking permission or paying the books’ authors or publishers. Over ten years ago, when...more

Legally Blind Individual Sues the NBA Over Digital Barriers on Website

On November 6, a legally blind individual filed a complaint against the NBA, alleging a violation of the Americans with Disabilities Act and seeking a permanent injunction requiring the NBA to (i) implement corporate policies...more

Advertising Law - November 2015 #2

It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more

Why Virtual Gold Can’t Buy Plaintiffs Happiness

A federal court has soundly rejected a plaintiff’s contention that she suffered any real-world harm based on in-game losses of virtual currency. In Mason v. Machine Zone, Inc., plaintiff Mia Mason alleged that she was a...more

The Second Circuit Turns the Page on Plaintiffs’ Google Books Copyright Suit

Another important copyright decision is in—this time from the Second Circuit Court of Appeals in Authors Guild v. Google, Inc. Plaintiffs—authors of copyright protected books—brought an action for infringement against Google,...more

Patent Granted for Method of Creating a Music Playlist

We have written in the past about patents in the entertainment field, such as one received by the entertainer Michael Jackson for a shoe for his moonwalking. Patents in the entertainment field can also be directed to devices...more

Big Pimpin' gets big win in copyright case

Greenberg Glusker partner Glen Rothstein was quoted in “Big Pimpin' gets big win in copyright case” (Daily Journal, October 22, 2015). In the closely watched Fahmy v. Jay Z., complex issues of international copyright,...more

The Authors Guild v. Google, Inc. USCA Second Circuit, October 16, 2015

Second Circuit affirms district court's holding that Google's creation of searchable, digital copies of tens of millions of books constitutes fair use under Copyright Act, because Google's search service merely provides...more

Sony will pay up to $4.5M to settle data breach case with employees and up to $3.49 in attorneys’ fees for plaintiffs’ attorneys

Sony Pictures (Sony) agreed on Monday (October 19, 2015) to pay at least $2M and up to $4.5M to employees whose personal information was breached and posted online during the massive hack that hit Sony in 2014....more

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books...more

Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

Those of us of a certain age (read: old) still recall standing in line at the bank of copy machines in the school library, quarters in hand, waiting to copy a few pages of a key piece of research found in the stacks. Those...more

Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors...

On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that Google’s digitization of complete...more

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

Second Circuit Holds Google Library Project Is Fair Use

Since 2004, Google has scanned, converted to searchable text, and indexed over 20 million books for the Google Library Project.  In Authors Guild, Inc. v. Google, Inc., the Second Circuit held that such use is a fair use of...more

Second Circuit Affirms Fair Use in Google Books Decision

The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more

Code Copying Case Highlights Difficulty in Getting a Preliminary Injunction

Continuing the trend in recent years of injunctions becoming harder and harder to obtain, the Northern District of California denied a motion for a preliminary injunction where the defendant has allegedly copied the...more

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