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U.S. Court of Appeals for the Ninth Circuit Clarifies DMCA Injunction Burden

As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to...more

Courts Provide Guidance on the Depiction of Real-World Works Including Video Games

Many video games are marketed on the photorealism of their imagery and graphics. However, depending on the depiction, developers and publishers may need to worry about the underlying intellectual property rights in that...more

California Court Upholds Right to Rent Physical Media

On April 28, 2022, the U.S. District Court for the Central District of California granted the defendant's motion for summary judgment, holding that, taking facts in the light most favorable to the plaintiff, defendant...more

Thinking of Framing or Embedding Content? New York Federal Courts Question the Copyright "Server Test"

Imagine you operate a website. Another website posts an image or video that you want to discuss on your site. In most circumstances, you cannot simply copy and repost that content without obtaining a license, because someone...more

Consumer’s Claims About His Rights to iTunes Purchases Survives Motion to Dismiss

What Does It Mean to "Buy" Digital Content? On August 13, 2020, David Andino sued Apple Inc. (Apple) in the United States District Court for the Eastern District of California for violations of three California state laws: 1)...more

Trademark Law: More Than an “After Thought” in Video Game Anti-Piracy Efforts

Nintendo of America received an eye-popping award of $2.1 million in statutory damages against game pirate Matthew Storman from the United States District Court for the Central District of California on May 26, 2021. The...more

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