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Taming the “Wild West” in the Far East: China Extends Protections for Privacy and Reputation to the Internet, Heightens the Risk...

Although laws targeting Internet-based content have lagged behind in China, the Chinese government has made sweeping changes over the past two years—most recently last fall—that extend offline legal protections to the virtual...more

Rhoads v. Margolis - Cal. App. 2d, January 26, 2015

In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract...more

Ninth Circuit: CDA Does Not Bar Claims for Failure to Warn

Reversing the dismissal of a negligent failure to warn action, the Ninth Circuit Court of Appeals carved out a key exception to the immunity afforded to website operators under the Communications Decency Act (CDA)....more

SEC Denies No-Action Request for “Publisher Exclusion” for Recommendations of Crowdfunded Investments

The SEC denied a no-action request that was submitted by Jonathon Hendricks. The no-action request inquired about a Wyoming based business that would make available a list of securities from a loan crowdfunding site that...more

Cambridge v. Becker – A Copyright Win For Publishers or an Enlargement of Fair Use?

Recently the 11th Circuit addressed on appeal the question of whether fair use insulates from copyright liability a University which offers to its students a digital repository of reading material culled from third party...more

Second Circuit Hears Oral Argument in Apple E-Book Appeal

On Monday, the United States Court of Appeals for the Second Circuit heard oral argument in Apple’s appeal in the e-book price-fixing lawsuit brought by the Department of Justice. This appeal follows an adverse decision from...more

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

UK: Freedom of Speech - Unnamed artist to appeal publishing injunction in the Supreme Court

On 9 December a well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL, reported here in October 2014....more

No Fair Use for Digital Excerpts

Cambridge University Press et al v. Patton et al. - The U.S. Court of Appeals for the 11th Circuit vacated the district court’s decision holding that digital excerpts of books from three academic publishers provided to...more

Cambridge University Press v. Patton: Who Really Won?

Cambridge University Press v. Patton is a recent opinion from the Eleventh Circuit Court of Appeals regarding fair use. In a nutshell, the case involved the nation’s premier text-book publishers Cambridge University Press,...more

Rolling Stone Retracts UVA Article Detailing Alleged Gang Rape

We previously reported that on November 19, 2014, Rolling Stone published an article titled “A Rape on Campus” by Sabrina Rubin Erdely. The article offers a brutal account of an alleged sexual assault of a freshman student,...more

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014: District court grants publisher’s motion for permanent injunction to enjoin defendant from publishing e-book...more

Court Rules Against Georgia State University in E-Reserves Case

The United States Court of Appeals for the Eleventh Circuit issued a long-awaited decision in the Georgia State e-reserves copyright case on October 17, 2014. The Court of Appeals reversed and remanded to the District Court...more

Freelancers’ Articles Are Not Free

The U.S. Supreme Court has given a victory to freelance authors of newspaper and magazine articles, and a defeat to some major publishers of their work. The publishers hired the authors as independent contractors who would...more

Copyright Antitrust Claims Against Textbook Publishers Dismissed in Longstanding Gray Market Copyright Case

It is no secret that college textbooks are expensive, and the average student has little recourse when a professor assigns specific books and editions. Stuck between a rock and a hard place, over the years students have...more

Spanish Supreme Court orders Le Monde to pay damages to Real Madrid and FC Barcelona

The Spanish Supreme Court has ordered French daily newspaper Le Monde to pay damages of €300,000 to Real Madrid and €15,000 to FC Barcelona for linking the Spanish football clubs to a doping plot....more

The Emerging Market for Context

The list of news stories clamoring for our attention is overwhelming as the editorial concept of serendipity has been replaced with “link bait.” The conversations I used to have with peers about strategies for re-engineering...more

Stacy Allen Speaks: Looking Back 50 Years At 'N.Y. Times v Sullivan' and the Civil Rights Movement

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more

Trademark Review - February 2014

Applicant Successfully Avoids Fraud Claim by Consenting to Judgment on Abandonment Claim - In a precedential opinion, the Trademark Trial and Appeal Board granted the Applicant’s motion for entry of judgment on the...more

Public Lending Right Scheme Consultation

The Department for Culture, Media & Sport has launched a consultation seeking opinions from stakeholders on the practical effects of the proposed changes to the Public Lending Right Scheme (the “PLRS“). ...more

Sherlock Holmes and the case of the split copyright personality

Between Benedict Cumberbatch’s sly smile on the BBC’s “Sherlock” and Johnny Lee Miller’s haunted recovering drug addict on CBS’ “Elementary,” there’s no shortage of possible Sherlock Holmes’ in modern culture. (Add in Robert...more

Fla. Court Lifts Ban on Reporting Accidentally Released Criminal Confession

A Florida trial court vacated two prior restraint orders against the media from publishing unredacted information in a police report. On August 23, 2013, James Patrick Tadros was arrested and charged with attempted...more

Attention Internet publishers: Linking limits libel liability

When the Internet was young, and the thrills of hypertext linking were still new, hyperlinks were viewed as a potential source of liability. I wrote about linking liability then, and followed up a few years later, as more...more

The Art of the Pivot: A Fireside Chat with David Lipson of Philadelphia Magazine

PeopleLinx recently welcomed the President of Metrocorp and Publisher of Philadelphia Magazine, David Lipson, as another speaker in our Fireside Chat series. While he didn’t share any stories of his son Matt, who was an...more

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