News & Analysis as of

File Sharing

Business Litigation Alert: "The Risks of File Sharing Sites - Is using DropBox like leaving a document on a park bench?"

by Porter Hedges LLP on

File sharing sites such as DropBox have become commonplace, allowing users to upload and access electronic documents from a variety of locations. These sites are particularly convenient when multiple people are required to...more

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

by Hogan Lovells on

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked...more

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

USBs an unreliable medium for service under Security of Payment Act

by Dentons on

In Parkview Constructions Pty Limited v Total Lifestyle Windows Pty Ltd, the Supreme Court of NSW recently found that the delivery of copy of an adjudication application under the Building and Construction Industry Security...more

File Sharing Sites and Inadvertent Waiver

by Farrell Fritz, P.C. on

In connection with a declaratory judgment lawsuit wherein the Harleysville Insurance Company sought a ruling that it did not have to pay a loss claim for an October 2014 fire at a funeral home, United States Magistrate Judge...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

by Hogan Lovells on

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

Box, OneDrive, a Combination—What’s Your Flavor?

The cloud-based file-sharing and collaboration business continues to grow, inspiring competition between two heavy weights: Microsoft and Box. Last week, Box announced over $100 million in third quarter revenue growth...more

Do Lawyers Actually Realize When They’re Using the Cloud?: eDiscovery Trends

by CloudNine on

In his LawSites blog last week, Bob Ambrogi reported on results from the 2016 Legal Technology Survey Report by the American Bar Association’s Legal Technology Resource Center. One of the more notable statistics from the...more

The State of File Sync and Share

Now more than ever before there is an increased demand for employees to share and collaborate on documents with people inside and outside of their respective organizations. For this reason, organizations of all shapes and...more

LabMD Seeks To Stay FTC Decision Related To Evidence Of Consumer Harm Pending Appeal

by King & Spalding on

LabMD—a medical testing lab that, the Federal Trade Commission (“FTC”) alleged, exposed consumer personal information through a peer-to-peer (“P2P”) file-sharing network—is now seeking a stay pending its appeal of the FTC’s...more

Lessons for Businesses from FTC’s Opinion on LabMD’s Data Security Practices

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has issued an Opinion and Final Order finding that the data security practices of LabMD, Inc. were unreasonable, and therefore constituted an unfair act or practice in violation of Section 5...more

Operators of WiFi Access Points not Liable for Rights Infringements by Users

by Morrison & Foerster LLP on

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled...more

German Federal Supreme Court confirms its previous positions on liability for copyright infringements within file sharing networks...

by Reed Smith on

On 12 May 2016, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) made several judgments, confirming and developing its settled case law on the liability of a subscriber of an internet connection...more

Copyright Office Issues NOI Regarding DMCA, Seeks Comment on “Repeat Infringers”

by Davis Wright Tremaine LLP on

On Dec. 31, 2015, the U.S. Copyright Office published a Notice of Inquiry seeking to “evaluate the impact and effectiveness of the DMCA safe harbor provisions” found at 17 U.S.C. § 512. Comments in response to the Notice of...more

1 in 5,000: How John Doe Defeated Porn Producer Malibu Media

by BakerHostetler on

Litigation-friendly pornography producer Malibu Media has suffered a rare loss, which may spell trouble as it proceeds with more cases. According to the Chicago Daily Law Bulletin, Malibu Media has filed 5,207...more

Greater liability for ISP’s

by BakerHostetler on

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

Apple’s Liability for the Xcode Hack

by Field Law on

I don’t think I’m going out on a limb by speculating that someone, somewhere is preparing a class-action suit based on the recently disclosed hack of Apple’s app ecosystem. How did it happen? In a nutshell, hackers were able...more

Encryption: What is it, Why do it!

Encryption is a basic term used to describe the act of encoding data, files, and digital communications such that only those with the cipher could read or understand the information.  Think back to the decoder ring you got in...more

Use of File-Sharing Service Leads To $218,400 Fine For HIPAA Violations

by BakerHostetler on

Internet-based file-sharing services such as Dropbox and Google Drive can be easy and convenient to use, whether via the touch of an app on a mobile device or by opening a browser on a PC. Healthcare professionals are often...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

by DLA Piper on

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...more

London’s IP Anti-Crime Unit shuts down leading sports file-sharing site

by DLA Piper on

The City of London’s Police Intellectual Property Crime Unit (PIPCU) has successfully shut down the ‘Sports Torrent Network’, a leading sports file-sharing site offering its members links to sports events online. ...more

Mama Don’t Take My Kodachrome Away; NLRB Agrees

by Pullman & Comley, LLC on

A few months back, I was one of the first to highlight the perils of a new video sharing service, Vine, in the workplace. And then a month ago, I predicted that the NLRB was likely to jump in on the issue of photo and video...more

Copyright Infringement Damages Upheld in File Sharing Case

The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been...more

Intellectual Property Bulletin - Spring 2013: A Victory for the DMCA Storage Safe Harbor; a Pyrrhic Victory for Veoh

by Fenwick & West LLP on

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

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