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Publishers Corporate Counsel

Venable LLP

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major...

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The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital...more

The Volkov Law Group

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

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The Justice Department’s Antitrust Division continues to push its aggressive civil and criminal agenda.  While the Division has lost several high-profile criminal cases in the chicken processing industry and the labor market,...more

Dechert LLP

The Right to Privacy in Criminal Investigations

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The UK Supreme Court has delivered an important judgment which confirms that those (including business people) under criminal investigation have a reasonable expectation of privacy in respect of information relating to that...more

Mintz - Antitrust Viewpoints

Stop the Presses: DOJ Sues to Prevent Monopsony Resulting from Penguin Random House Acquisition of Simon & Schuster

On Tuesday, November 2, 2021, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a lawsuit in the U.S. District Court for the District of Columbia seeking to block an acquisition by Penguin Random House,...more

Vinson & Elkins LLP

DOJ Suit to Block Book Publishers’ Merger Indicative of New Antitrust Enforcement Regime’s Priorities

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On November 2, 2021, the United States Department of Justice (“DOJ”) filed a complaint in the U.S. District Court for the District of Columbia to block the planned $2.175 billion merger between powerhouse publishing companies...more

Wilson Sonsini Goodrich & Rosati

Fact or Fiction: DOJ Files Lawsuit to Block Publishing Mega-Merger

On November 2, 2021, the U.S. Department of Justice (DOJ) filed a lawsuit seeking to block Penguin Random House's proposed acquisition of Simon & Schuster. This lawsuit further demonstrates the Biden Administration's...more

Saiber LLC

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

Saiber LLC on

On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

Dechert LLP

Second Circuit Clarifies Summary Judgment Standards in Antitrust Conspiracy Case

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The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more

Patterson Belknap Webb & Tyler LLP

Publishers close the book on one e-books case; Supreme Court decides whether to reopen another

We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider...more

Mintz

Second Circuit Continues the Ebook Saga by Affirming Apple’s Role in an Unlawful Price Fixing Conspiracy

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On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest...more

Proskauer - New Media & Technology

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part...more

Proskauer - New Media & Technology

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

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