Instapundit: America's IP Laws Need to be "Pruned Back"
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
As policyholders look back at the insurance coverage landscape of 2013, a major take away point is that the courts continue to debunk the myth that there is no coverage for intellectual property claims under the advertising...more
While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more
Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 -
District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more
On April 18, 2013, the United States District Court for the Southern District of New York upheld the Digital Millennium Copyright Act (“DMCA”) safe harbor protection for YouTube following a remand from the Second Circuit in a...more
The Ninth Circuit ruled recently that the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) shielded a video-sharing website from copyright infringement liability. In UMG Recordings, Inc. v. Veoh Networks,...more
Section 512 of the Digital Millennium Copyright Act (DMCA) provides copyright owners with the ability to demand that Internet Service Providers (ISPs) remove unauthorized copies from the internet. This can be a powerful...more
Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 -
District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor...more
Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more
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
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
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
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
*News from the Bench:
- First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad.
- Dissenting Federal Circuit Judges Abide By The Akamai Standard.
- More On Joint Infringement and The Akamai...more
Courts considering the perplexing copyright questions created by the Internet have been remarkably consistent in one area. A large body of case law provides significant protections to online service providers and places...more
Last week, the Ninth Circuit further clarified the scope of the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision for online content providers. See UMG Recordings, Inc. v. Shelter Capital Partners LLC, No....more
In This Issue:
- Lenz v. Universal Music Corporation, USDC N.D. California, January 24, 2013.
District court denies parties’ motions for cross summary judgment on plaintiff's claim of misrepresentation under the...more
In This Issue:
- Written Contracts and the Statute of Limitations...Page 1
- Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2
- Business Tort Brings Sanctions...Page 3
A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties.
Fenwick & West Litigation partner Andrew Bridges provides a brief overview of the Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA). The Safe Harbor provisions are designed to protect service providers...more
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