News & Analysis as of

Internet Service Providers (ISPs) Website Owner Liability

BakerHostetler

The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device

BakerHostetler on

For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...more

Jaburg Wilk

Stopping Online Infringement

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Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

Womble Bond Dickinson on

In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...more

Carlton Fields

Cracks in the Armor?

Carlton Fields on

The Communications Decency Act has long shielded internet service providers from liability when they re-post fake news or fraudulent information from another provider. The federal statute says no interactive computer service...more

Hogan Lovells

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

Hogan Lovells on

In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content....more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

Ballard Spahr LLP on

In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

Bracewell LLP

Reminder: Re-Register Your DMCA Agent Designations Before End of Year or Risk Losing Safe Harbor Protections!

Bracewell LLP on

U.S. Copyright Office Goes Paperless for DMCA registered agents; All paper registrations invalid as of December 31, 2017. As you’re making your end of year lists and checking them twice, better make sure you’ve registered...more

Jaburg Wilk

'Zeran v. AOL': The Anti-Circumvention Tool

Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

BCLP

Time is Running Out for Retailers to Register DMCA Agent, Preserve Safe Harbor Protections

BCLP on

Retailers who host third-party content and comments on their websites have until the end of 2017 to register as internet service providers through the new online system in order to preserve their protections under the Digital...more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Limits Immunity From Negligent Failure To Warn Cases Under The Communications Decency Act

Fenwick & West LLP on

Last week, the Ninth Circuit limited the ability of websites and online services to use Section 230 of the Communications Decency Act (CDA) to shield themselves from failure to warn lawsuits arising out of the offline conduct...more

Proskauer - New Media & Technology

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...more

Davis Wright Tremaine LLP

First Circuit Affirms Dismissal of Lawsuit Against Backpage.com, Confirms Broad Scope of Section 230 Immunity

The U.S. Court of Appeals for the First Circuit this week delivered a resounding victory for websites dependent on a federal immunity from claims based on content posted by third parties. Broadly interpreting Section 230 of...more

Greenberg Glusker LLP

A “Dirty” Lawsuit: How a Sex Scandal Could Impact Online Defamation Law

Greenberg Glusker LLP on

A former high school teacher and NFL cheerleader sleeps with her student. She faces widespread scorn, including scathing Internet comments. Despite the scorn, she becomes engaged to the student....more

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