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Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Supreme Court Determines Copying of Software API Can Constitute Fair Use

On April 5, 2021, the U.S. Supreme Court issued its much-awaited decision in Google LLC v. Oracle America Inc. (No. 18-956), finding that Google’s use of software code was fair use under the U.S. Copyright Act. The Supreme...more

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