News & Analysis as of

Digital Downloads

Patent Holder Sues CBS and iHeart Over Digital Audio Signal Transmission Systems

by Womble Bond Dickinson on

On Friday, April 14, 2017, Digital Stream IP, LLC filed two separate complaints in federal court in the Eastern District of Texas against CBS Radio Inc. and iHeartMedia, Inc., alleging infringement of U.S. Patent No....more

Privacy Tip #82 – Downloading Free Entertainment is an Easy Way to Infect Your Computer with Malware

Remember when TV was free? Okay, most of you don’t, and I was just a tot, but back in the day, it was free. We didn’t have dozens of channels or choices, but everyone could watch the major networks and PBS without a cost....more

Pennsylvania Issues Revised Ruling on Sales Tax Treatment of Software-Related Services, Creating a Refund Oppsortunity for Some...

by Reed Smith on

Last week, the Pennsylvania Department of Revenue issued a revised version of a previously issued letter ruling (Letter Ruling SUT-17-001) on the sales tax treatment of software support services. Although the revised ruling...more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

by Zapproved LLC on

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not...more

Claims against Cloud Storage Service Hinge on Grant of Rights Clause

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

Advanced Copyright Issues on the Internet

by Fenwick & West LLP on

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

ITC Declines to File Petition for Certiorari – CAFC Holding that ITC Does Not Have Jurisdiction over Digital Imports Stands

The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more

Five Tips for Handling Pokémon Go in the Workplace

by Reed Smith on

In the past several weeks, Pokémon Go has taken the world, and many workplaces, by storm. If you’re concerned about reducing the negative impact that this game may be having on your employees’ productivity – and, more...more

Digitally Delivered Products Now Subject to Sales Tax in Pennsylvania - Tax Update Volume 2016, Issue 3

by Pepper Hamilton LLP on

The implementation of sales tax on the thousands of services that are delivered digitally can prove vexing. Have you downloaded a book recently or sent an e-card? Is your billing address in Pennsylvania? If so, as of August...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update

by Reed Smith on

Is Pennsylvania bringing back its tax on “computer-related services”? Pennsylvania’s new “Netflix” tax (enacted as part of Act 84 of 2016) covers more than just digital downloads and streaming services. Effective August 1,...more

What Can Go Wrong When You Offer Public Internet Access

by Barley Snyder on

By providing public internet access, a business owner may find that he or she is responsible for activity conducted by patrons who use that access. While this area of law is still very much unsettled, a business owner may be...more

Pennsylvania General Assembly Passes Revenue Package with Significant Digital Tax Expansion

by McDermott Will & Emery on

On July 13, 2016, a legislative conference committee was appointed to approve an already agreed-upon $1.3 billion revenue package, which was immediately approved by both the House (116-75) and Senate (28-22) and sent to...more

Pennsylvania Enacts Tax Bill as Part of Budget Package

by Reed Smith on

Pennsylvania has enacted tax law changes projected to generate $752M in new revenue. The changes include severe restrictions on the vendor sales tax discount for timely filing, imposition of sales tax on digital downloads and...more

Privacy Tip #35 – Employees still careless—don’t be that employee

According to a study by Softchoice, 1-in-5 employees still keep their passwords in plain sight (like a Post-it Note on their desk or in the top drawer of their desk—now that’s original), have accessed work files from a device...more

Mobile Apps – New Frontier of the Video Privacy Protection Act

by Pierce Atwood LLP on

The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content...more

Copyright’s “Double Spend” Problem: Digital First Sales

by Davis Wright Tremaine LLP on

For those interested in the evolution of digital currencies, I highly recommend Steven Levy’s “E-Money (It’s What I Want)” article from Wired way back in December 1994. It’s a great read, and presages many current...more

Hugh Jackman’s Conundrum: Can the Blockchain Revitalize the First Sale Doctrine Under Copyright Law?

by Davis Wright Tremaine LLP on

Blockchain technology offers new possibilities for owners to sell digital copies of “pre-owned” content on secondary markets, as we’ve discussed in prior posts. But virtual flea markets – where an owner of a collection of...more

1 in 5,000: How John Doe Defeated Porn Producer Malibu Media

by BakerHostetler on

Litigation-friendly pornography producer Malibu Media has suffered a rare loss, which may spell trouble as it proceeds with more cases. According to the Chicago Daily Law Bulletin, Malibu Media has filed 5,207...more

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

by BakerHostetler on

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

Important Circuit Court Ruling Limits Scope of VPPA Liability

The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with...more

Manatt Digital Media - August 2015

So You Want Music in Your Video: 5 Things to Remember so You Don't Get Sued - Last month we received a call from a woman who made an unassuming video of her daughter's wedding and added her favorite song as the musical...more

And the Winner is? Digital Platform Liability for Trademark Infringement

by Fenwick & West LLP on

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

Caveat Opposer: Preclusion Lurks at the TTAB

Recently, the Trademark Trial and Appeal Board (the “TTAB”) held that an unsuccessful opposer was precluded from later pursuing a cancellation against the same trademark owner, even though the opposer assumed a different...more

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

Amendments to Japan METI Guidelines on Electronic Commerce and Information Property Trading

by DLA Piper on

The Ministry of Economy, Trade and Industry of Japan (METI) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (Guidelines), which apply to all online business operations in...more

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