Service Providers Must Re-register Online to Maintain Safe Harbor Protection -
A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required...more
12/7/2016
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
DMCA ,
Internet Service Providers (ISPs) ,
Music Industry ,
Popular ,
Registration Requirement ,
Safe Harbors ,
Takedown Notices ,
Websites
In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright claims against Barnes & Noble (“B&N”) related to ebook samples stored on a...more
11/11/2016
/ Authors ,
Barnes and Noble ,
Cloud Storage ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Digital Downloads ,
Digital Media ,
e-Books ,
Intellectual Property Protection ,
Popular ,
Summary Judgment
This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The Act was originally designed to target...more
7/15/2016
/ Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Criminal Prosecution ,
Economic Espionage Act ,
Facebook ,
Former Employee ,
Passwords ,
Popular ,
Summary Judgment ,
Terms of Use ,
Trade Secrets ,
Unauthorized Access ,
US v Nosal ,
Web Scraping ,
Young Lawyers
This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line...more
As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). ...more
A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the...more
10/28/2015
/ Analytics ,
Anonymization ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure ,
Disney ,
Internet Streaming ,
Mobile Devices ,
Personally Identifiable Information ,
Popular ,
Roku ,
Third-Party ,
Video Privacy ,
VPPA ,
Young Lawyers
As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more
10/16/2015
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Databases ,
Facebook ,
Facial Recognition Technology ,
Injunctions ,
Motion to Dismiss ,
Personal Data ,
Photographs ,
Popular ,
Putative Class Actions ,
Shutterfly ,
Statutory Damages
On June 29th, the Supreme Court denied certiorari in Google’s appeal of the Federal Circuit’s 2014 ruling that that the declaring code and the structure, sequence, and organization of 37 Java API packages are entitled to...more
This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more
6/24/2015
/ Biometric Information ,
Clickwrap Agreements ,
Corporate Counsel ,
Facebook ,
Facial Recognition Technology ,
Fair Use ,
Federal Trade Commission (FTC) ,
Informed Consent ,
NTIA ,
Opt-Outs ,
Popular ,
Prior Express Consent ,
Privacy Concerns ,
Privacy Disclosures ,
Privacy Policy ,
Putative Class Actions ,
Self-Regulatory Organizations ,
Social Media ,
Transparency ,
Young Lawyers
Readers of this blog will know that we have been following the recent legal developments relating to bitcoin and other virtually currency systems. Yesterday, in a significant development reflecting the general maturation of...more
The big fight may be over, but the implications of Mayweather vs. Pacquiao with respect to real-time, one-to-many streaming of video through apps like Meerkat and Periscope are still rippling through the media industry. In...more
5/5/2015
/ Copyright ,
DMCA ,
Internet Streaming ,
Live Streaming ,
Mobile Apps ,
Popular ,
Privacy Concerns ,
Smartphones ,
Social Media ,
Social Networks ,
Sports ,
Takedown Notices
While many smartphone users were gazing upon their new iPhone 6 Plus’s 5.5-inch screen with wonder, there was another notable development in the mobile/tech world – the ongoing software copyright dispute between Oracle and...more
New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more