News & Analysis as of

Communications Decency Act Copyright Infringement

The Rodman Law Group, LLC

Risks that AI Developers Must Consider When Developing AI

Artificial Intelligence (AI) is not just a technological innovation; it’s a transformative force that has permeated multiple sectors, from healthcare to finance. As AI startups and companies creating AI tools (“AI...more

ArentFox Schiff

Protecting and Enforcing IP Rights in the Metaverse

ArentFox Schiff on

Many brands have taken steps to proactively protect their intellectual property rights for use in connection with metaverse-related goods and services. This may include filing new trademark registrations or purchasing...more

McDermott Will & Emery

Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another

McDermott Will & Emery on

The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency Act (CDA), 47 USC § 230, and for copyright infringement under the fair use...more

Fox Rothschild LLP

Stories To Watch In 2021

Fox Rothschild LLP on

Happy New Year to all. To kick off 2021, I’ve provided quick takes below on some of the bigger stories we’ll be watching- WME v. WGA- Just before Christmas, CAA closed a deal with the Writers Guild regarding phasing...more

Morrison & Foerster LLP - Social Media

Social Links: Avoid Becoming A Social-Media-Scam Victim; Does Stream-Ripping Site Violate Copyright Law?

Reports of social media scams that have caused users to lose money had tripled by the end of 2020’s second quarter, resulting in the loss of $117 million during the first two quarters of this year alone. Romance scams and...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

K&L Gates LLP on

Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

McDermott Will & Emery

Posting Service Entitled to Broad Immunity Under CDA

McDermott Will & Emery on

The US Court of Appeals for the First Circuit agreed with the district court that posting service immunity under the Communications Decency Act (CDA) should be “broadly construed,” and that the act of posting complaints was...more

Proskauer - New Media & Technology

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

Bennett Jones LLP

Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable

Bennett Jones LLP on

The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more

Butler Snow LLP

For the Time Being, Tech Companies Remain Shielded from Liability for Users’ Uploaded Content

Butler Snow LLP on

Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users’ uploaded content under the Digital Millennium Copyright Act (DMCA) and...more

Foley Hoag LLP - Trademark, Copyright &...

The First Circuit’s “Scungy” Backpage: Copyright And Right Of Publicity Claims Ineffective Against Sex Trafficking

In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties to facilitate...more

Foley Hoag LLP - Trademark, Copyright &...

Are You Sure This Isn’t About Copyright? Chicken Sandwiches, Monkey Selfies and the Boundaries of Copyright Law

Last week, a wild crested macaque named Naruto (but really People for the Ethical Treatment of Animals) filed a copyright infringement lawsuit against photographer David John Slater in the Northern District of California. The...more

Sheppard Mullin Richter & Hampton LLP

Other Peoples’ (Adult) Content (Episode 15)

There are so many legal issues in Episode 15 that it’s hard to know where to begin, so I’m going to start at the end: porn. Pied Piper is competing against nemesis Endframe for a $15 million contract from the online porn...more

Foley Hoag LLP - Trademark, Copyright &...

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

Foley Hoag LLP - Trademark, Copyright &...

Sue-per Bowl Shuffle 2014: The Year in NFL-Related Intellectual Property Litigation

Heading into this year’s Super Bowl party season, there are two things every lawyer should be concerned about. First, why can’t your team get it together? Second, what do you do if you are asked to explain to your friends and...more

Foley Hoag LLP - Trademark, Copyright &...

Copyright As An Online Reputation Management Tool: A Round Hole For A Square Peg

So, how is copyright law doing as an online reputation management tool? We have written many times recently about the use of copyright law to do what defamation law can’t: take stuff down from the internet. A...more

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