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Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more

Kelley Drye & Warren LLP

FCC Announces Effective Date for Broadband Reclassification

On May 22, 2024, a notice and summary of the Federal Communications Commission’s (FCC’s) recent decision to reclassify broadband Internet access service (“BIAS”) as a Title II telecommunications service was published in the...more

BakerHostetler

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

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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

Vondran Legal

Cloudflare 17 U.S.C. 512(h) DMCA subpoena explained

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"We provide security and performance for millions of Internet properties and offer great functionality such as SSL and content distribution to every website on our network. Our services run silently in the background, keeping...more

Wilson Sonsini Goodrich & Rosati

Flagship Online Safety Bill Moves Closer to Enactment in the UK: Who Will Be in Scope and What Will It Require?

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK....more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - March 2023

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Weintraub Tobin

GoDaddy Obtains Section 230 Immunity Despite Plaintiffs’ “Sympathetic” Claims

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Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third...more

Robinson+Cole Data Privacy + Security Insider

California Passes Law to Protect Children’s Data Online

California Governor Gavin Newsom signed the California Age-Appropriate Design Code Act (the Act) into law last week. This new law will require those online service providers likely to be accessed by children under 18 years...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Smart & Biggar

Supreme Court of Canada denies Teksavvy Solutions Inc leave to appeal Canada’s first site-blocking Order

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On March 24, 2022, the Supreme Court of Canada denied Teksavvy Solutions Inc’s application for leave to appeal a decision of the Federal Court of Appeal (2021 FCA 100), affirming the Federal Court’s decision in Bell Media Inc...more

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

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While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more

Jenner & Block

How UK Online Safety Bill May Affect Cos. Around The World

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As people around the world are living increasing portions of their lives online, especially during the COVID-19 pandemic, the triumph of the internet in bringing together people, ideas and opportunities has been brought into...more

Williams Mullen

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

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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

Smart & Biggar

Federal Court of Appeal upholds the validity of Canada’s first anti-piracy site-blocking Order

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On May 26, 2021, the Federal Court of Appeal issued its decision in Teksavvy Solutions Inc v Bell Media Inc et al, 2021 FCA 100, upholding the Federal Court’s order in Bell Media Inc. et al v Goldtv.biz et al., 2019 FC 1432...more

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

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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

Morrison & Foerster LLP - Social Media

EDNY Refuses To Dismiss on § 230 Grounds In “Shitty Media Men” Defamation Case

In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more

Weintraub Tobin

Second Circuit Frames Novel Issue Of Photographer’s Claim Of Copyright Infringement And DMCA Violation

Weintraub Tobin on

The facts in Mango v. BuzzFeed are fairly straight forward. Mango is a freelance photographer who licensed a photograph to the New York Post. The Post included the photo in a story and below the photo included Mango’s name –...more

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more

Fox Rothschild LLP

Copyright Office Says DMCA Is Too Pro-Tech

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The US Copyright Office issued a lengthy report concluding that the Digital Millennium Copyright Act (DMCA) has “tilted askew” in favor of tech companies. It called on Congress to make changes in the act that will favor...more

Latham & Watkins LLP

RuNet Law Comes Into Force: What Is Next

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As Russia’s internet law imposes new obligations on technology and infrastructure companies, the Russian government considers subordinate legislation. On November 1, 2019, the majority of provisions of Russia’s internet...more

Smart & Biggar

Federal Court issues unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services

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On November 15, 2019, the Federal Court issued an Order compelling Canada’s primary Internet service providers (“ISPs”) to block their subscribers from accessing two Internet services that distribute infringing television and...more

Fenwick & West LLP

The Time is Now: Renew DMCA-Designated Agent Registrations with the Copyright Office

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Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...more

BakerHostetler

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

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Protection From Additional Liabilities - Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. ...more

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