News & Analysis as of

“In fashioning myself, I fashion man” – E-Tailers Champion A Sartorial Renaissance in Masculinity

When it comes to shopping, men generally fall into one of two camps: (a) those who simply don’t know how to shop and would rather book their next root canal before embarking on such an experience and (b) those who don’t have...more

Business Litigation Reporter October 2015

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

Manatt Digital Media - September 2015

In this month's newsletter we highlight some of the latest activities in the digital video space. Social media, mobile and over-the-top (OTT) viewing continue to make waves in the media landscape, creating new opportunities...more

Tax Policy Update

As in the 9 percent "amusement tax" that the city of Chicago recently extended to online streaming services like Netflix and Amazon Prime, triggering a series of lawsuits alleging that the newly expanded tax was illegally...more

President Obama Jumps On Netflix Bandwagon And Mandates Paid Sick Leave For Federal Contractors

In early August, Netflix announced that in addition to offering unlimited sick and vacation days, it would also allow employees to take unlimited paid parental leave. Refusing to be upstaged by the private sector, on Labor...more

New Netflix Original: “Unlimited” Parental Leave

Netflix, a pioneer in on-demand internet streaming, is well-known for its “Netflix Original” series—and has recently added “unlimited” parental leave to its line-up. On Tuesday, August 4, 2015, Netflix announced a new...more

That is SO last week - August 2015 #2

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

Netflix Defeats Video Privacy Class Action

In Mollett, et al. v. Netflix, Inc., No. 12-17045 (9th Cir. July 31, 2015), the Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action filed against Netflix, Inc. for alleged violations of...more

Netflix, Inc. v. Rovi Corporation (NDCA 2015): Five TV Guide Patents Dropped by Abstract Idea Ineligibility

How did we go from the claims in Alice being considered abstract, claims that clearly involved a well-known financial concept (e.g, intermediated settlement) merely implemented on a computer, to admittedly novel (and likely...more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

Consultation on Europe's audiovisual media framework

One of the stated aims of the European Commission's Digital Single Market Strategy is to bring the EU audiovisual media sector into line with the "digital age". As part of this goal, the Commission has launched a...more

Influential Business Group Requests Legislative Rejection of Proposed Rental Tax Regulation; Legislative Council Hearing Set for...

As previously reported, the Alabama Department of Revenue proposed a regulation imposing a rental tax on digital transmissions, broadly defined as “on demand movies, television programs, streaming video, streaming audio, and...more

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

District Court Stays Patent Infringement Action Pending Inter Partes Review Prior to Institution of Review by Patent Trial and...

The plaintiff CRFD Research, Inc. ("CRFD") filed a patent infringement action defendants Dish Network Corporation, Dish DBS Corporation, Dish Network L.L.C., Echostar Corporation, and Echostar Technologies L.L.C....more

Anonymous Information Actionable under the VPPA?

Technology has allowed consumers to use Apps and devices to stream their favorite content at the touch of a button. The popularity of these streaming Apps and devices has raised legal issues with regard to privacy....more

Department of Revenue Issues Proposed Regulation Taxing Digital Streaming Services

The Alabama Department of Revenue has issued a proposed regulation that, if finalized in its present form, would substantially expand the scope of the state and local rental tax applied to video-on-demand and other digital...more

The Who and What of Net Neutrality in Two Minutes or Less

The Federal Communications Commission (FCC) recently voted 3-2 to treat the internet like a public utility, embracing the concept of “net neutrality.” Has the FCC struck a blow for consumer rights? The jury is still out....more

Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit

Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005,...more

Deck Stacked Against HOUSE OF CARDS

No spoilers here, I promise.  Like many Americans since it was released on Friday, I’ve been binge-watching Season 3 of House of Cards.  If you haven’t watched the program, available only on Netflix, it’s a riveting drama of...more

FCC Proposes to Regulate Internet-Based Video Programmers

With the expansion of “over-the-top” (OTT) video programming options such as Netflix, Amazon Prime, Roku and Apple TV, the Federal Communications Commission (FCC) is taking a fresh look at its definition of a multi-channel...more

Likelihood of Confusion and/or Dilution?

Let’s suppose you’re a non-profit like the NRA, you sell stuff on your, and you’d like to promote the fact that your website has over 30 product demonstration videos available that can easily be viewed online by...more

HUB FOCUS: Recent TV trends in Sweden

Our global Media, Sport & Entertainment Hub provides insights into various legal and commercial issues impacting on this space. In this, our first “HUB FOCUS”, we provide an extract, focussing on recent trends in the...more

Netflix’s Apparent Crackdown on Geoblock Circumventers

Recent reports indicate that Netflix may be cracking down on the use of virtual private networks (VPN) and similar mechanisms to log into Netflix. While VPNs provide enhanced network security, they are commonly used by...more

District Court Declines to Hear Early Motion for Summary Judgment on Section 101 and Postpones Hearing until Claim Construction

In the pending patent infringement action between Netflix and Rovi, Netflix filed a motion for summary judgment, seeking a ruling that Rovi's patents are invalid under 35 U.S.C. § 101. After the motion was filed, the district...more

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