News & Analysis as of

Digital Platform Liability

Wilson Sonsini Goodrich & Rosati

Game, Set, Match: Courts Curb Cheat Code Sellers

The $200 billion video game industry is centered around positive experiences where developers challenge player skill through game mechanics, level design, and other creative tactics. Through the course of the gameplay...more

Wilson Sonsini Goodrich & Rosati

“Stop Killing Games” Campaign Seeks to Prevent Video Game Publishers from Taking Games Offline

Ross Scott, operator of the YouTube channel Accursed Farms, has launched an online campaign (the Campaign) advocating against the video game industry practice of game publishers ending technical support for video games, which...more

Cranfill Sumner LLP

The Modern Napster: Will OpenAI End Like the File Sharing Platform?

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On December 27, 2023, the New York Times sued OpenAI for copyright infringement. OpenAI is the company behind popular application ChatGPT. The New York Times’s lawsuit is not unique but could be hugely consequential to...more

Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

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On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more

Wilson Sonsini Goodrich & Rosati

The Scramble: 2022 E-Gaming Legal Year in Review

Welcome to the inaugural issue of The Scramble presented by Wilson Sonsini’s Electronic Gaming Group. The Scramble is an annual publication that showcases highlights from Wilson Sonsini’s work in the e-gaming industry...more

White & Case LLP

JFTC’s policy to actively promote competition in response to social economics, such as digitalization: Coordinating and...

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JFTC’s policy to actively promote competition in response to social economics, such as digitalization: Coordinating and strengthening advocacy and enforcement - On June 16, 2022, the Japan Fair Trade Commission ("JFTC")...more

Wilson Sonsini Goodrich & Rosati

Video Game Distribution: The Next Player to Attract Digital Platform Antitrust Scrutiny

The heated video game wars—Xbox Series X vs. PlayStation 5, PC vs. console vs. mobile, AMD vs. Nvidia—show that no one has a monopoly over video games. The hotter question is whether there are monopolies over video game...more

Poyner Spruill LLP

LA Confidential: Court Finds Turo (and other marketplaces) Not Protected by Section 230

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Turo is an Airbnb service for cars. Technically, it is a peer-to-peer car rental marketplace. It does not control the terms of the car rental. But it does bring owners and renters together....more

Pierce Atwood LLP

Rolling the Dice: How Not to Protect Privacy

Pierce Atwood LLP on

Maine state courts plan to start rolling out a new electronic filing and case management system by year’s end. When it’s fully operational, approximately 85% of the electronic documents submitted by filers will be...more

Womble Bond Dickinson

Text Message Platform Dismissed From TCPA Class Action Because It Was Not the “Maker or Initiator” of the Text Message at Issue

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Generally, text message platform providers are not considered the “sender” or “maker” of a text message or call unless they are so involved in placing the call as to be deemed to have “made or initiated” it themselves. The...more

White & Case LLP

Italian Competition Authority takes on digital players

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Setting the scene - The Italian Competition Authority ("ICA"), recently published a set of Guidelines and Policy recommendations relating to the Digital Sector ("Guidelines"), focusing on antitrust, privacy regulation and...more

Orrick, Herrington & Sutcliffe LLP

Agree To Disagree: Competition Authorities Differ on Approach to Digital Platforms

Tech giants have captured the attention of competition agencies around the world. As we have previously shared, the FTC is in the midst of a series of hearings on Competition and Consumer Protection in the 21st Century...more

White & Case LLP

Prospects for the JFTC's Priorities in 2019

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The Japan Fair Trade Commission's (the "JFTC") major priorities in 2019 are, among others, amendments to the Antimonopoly Act (the "AMA"), research in areas of the digital economy and the labor market, and, of course,...more

Orrick, Herrington & Sutcliffe LLP

Anonymous Posts Of Alleged Trade Secrets: Free Speech?

Imagine you are an employer. Someone has anonymously posted your trade secrets or other improper content on Glassdoor, which publishes anonymous employee reviews about employers. While Glassdoor and similar online publishers...more

Jones Day

Australia & New Zealand Consumer Law Update

Jones Day on

Highlighting Changes of Interest in Competition and Consumer Law - ACCC Issues Paper on Digital Platforms Inquiry - Summary - In December 2017, the Australian government directed the ACCC to conduct an inquiry into...more

Hogan Lovells

DSM: The Digital Single Market – ‘Intellectual Values’ seminar series #4, video

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The EU Commission’s comprehensive Digital Single Market strategy was one of the hot topics relating to the ever-changing ‘connected world’ we covered in our ‘Intellectual Values’ seminar series. Al Shaw, Counsel in our London...more

Hogan Lovells

Blockchain: Use Case – Copyright

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In the context of the digital use of copyrighted works, the concept of the “value gap” has been around for some time. The question is whether authors and rights holders are sufficiently involved in the revenues generated by...more

Robinson+Cole Data Privacy + Security Insider

NIST Updates Digital Identity Guidelines for Federal Agencies

This month, the National Institute of Standards and Technology (NIST) announced in a Bulletin that it has updated its Digital Identity Guidelines, which “provides agencies with technical guidelines regarding the digital...more

Hogan Lovells

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Summer 2017

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Read the latest news on antitrust, competition and economic regulation (ACER) in this summer's edition of our quarterly ACER newsletter. ...more

McDermott Will & Emery

DMCA Safe Harbor Protection Includes Pre-1972 Recordings

Vacating a district court’s decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects material posted on websites of online hosts...more

Carlton Fields

"Let's [Not] Go Crazy" with Copyright Takedown Notifications

Carlton Fields on

Stephanie Lenz posted a short home video on YouTubein February 2007 of her two young children dancing to a barely audible recording of the Prince song “Let’s GoCrazy.” In June of the same year, YouTube received a takedown...more

BakerHostetler

Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors...

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On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that Google’s digitization of complete...more

Fenwick & West LLP

And the Winner is? Digital Platform Liability for Trademark Infringement

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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

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