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Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

Second Circuit Provides Much-Needed Guidance to ISPs Seeking DMCA Safe Harbors for New Technologies

A recent decision from the U.S. Court of Appeals for the Second Circuit provides ISPs seeking to introduce new technologies much-needed guidance concerning the scope of statutory copyright liability safe harbors. In Capitol...more

DMCA Safe Harbor Protection Includes Pre-1972 Recordings

by McDermott Will & Emery on

Vacating a district court’s decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects material posted on websites of online hosts...more

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

Second Circuit Further Clarifies DMCA Safe Harbors in Vimeo

by Akerman LLP on

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC, (2d Cir. June 16, 2016) (Vimeo), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the DMCA)....more

The Sweet Sounds Of Victory: Vimeo Llc Wins Appeal In Music Copyright Infringement Case

by Ladas & Parry LLP on

On June 16, 2016 Vimeo LLC heared the sweet sounds of victory as it won its appeal in a music copyright infringement case (Capitol Records LLC v. Vimeo LLC ) filed in 2009, that centered on the Digital Millennium Copyright...more

Copyright Flash Report: Attorneys' Fees and Pre-1972 Safe Harbor

by WilmerHale on

Objective Reasonableness Must Receive “Substantial Weight” in Copyright Attorney-Fee Shifting Decisions:Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (U.S. June 16, 2016) - Kagan, J. In a unanimous decision, the...more

Second Circuit Extends DMCA Safe-Harbor Protection to Pre-1972 Sound Recordings, Clarifies Scope of Exceptions for Willful...

On June 16, 2016, the U.S. Court of Appeals for the Second Circuit issued its long-awaited decision in Capitol Records, LLC v. Vimeo, LLC, No. 14-1048 (2d Cir. 2016). First, the Second Circuit held that the "safe harbor"...more

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