As we reported this spring, the “Music Modernization Act” (MMA) working through Congress avowed to bring the royalty determination formula for digital music services into the 21st Century. In April, the House of...more
The results of the 2017 edition of China’s annual online piracy crackdown campaign, called the “Sword Net Action”, were recently published. As we announced earlier, the 2017 crackdown campaign promised to take a heavy hand...more
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
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
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
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
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
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
More and more of the music, movies, and books we own exist only online, in digital form. What happens to these collections after the owner dies? Surprisingly, while you may want your heirs to have access to the books, music...more
The International Trade Commission has jurisdiction to stop the importation of infringing “articles.” The ITC says that the term “articles” includes tangible goods and intangible electronic files. An electronic cross-border...more