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Digital Millennium Copyright Act First Amendment

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

McDermott Will & Emery

Digital Rights, Digital Wrongs: The DMCA Lives On

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The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Proskauer - New Media & Technology

The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers

Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to...more

Seyfarth Shaw LLP

Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law

Seyfarth Shaw LLP on

On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more

Wilson Sonsini Goodrich & Rosati

After Three-Year Wait, Court Allows First Amendment Challenge to Copyright Law to Proceed

On July 21, 2016, WSGR partnered with the Electronic Frontier Foundation (EFF), a leading digital rights nonprofit, to file a lawsuit pro bono challenging the constitutionality of the anti-circumvention provisions of the...more

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

Jaburg Wilk

When Social Media Takedown Notices Aren’t Enough

Jaburg Wilk on

Social media usage has exploded in recent years and has permanently transformed the way products and services are marketed and sold. Social media platforms include many different online destinations such as social networking...more

Morrison & Foerster LLP - Social Media

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - June 2017

Ninth Circuit: Website Moderators May Be Agents of ISPs - Why it matters: On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Lewitt Hackman

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

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One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

Manatt, Phelps & Phillips, LLP

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

Foley Hoag LLP - Trademark, Copyright &...

Setting the Record Straight on the DMCA: UK Blogger Censored by Questionable Use of US Copyright Law

The Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA provides a mechanism for copyright owners to demand that Internet Service Providers...more

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