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Morrison & Foerster LLP - Social Media

Part 2(B) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Proskauer - Minding Your Business

Copyright Office Recommends No New Copyright Protections for News Publishers in the United States

Bucking a legal trend in Europe, the United States Copyright Office recently recommended against adopting additional copyright-like protections for news publishers that would require online news aggregators to pay publishers...more

Jones Day

Australia's High Court Confirms Facebook Page "Owner" Responsible For Defamatory Comments by Third Parties

Jones Day on

Background  - Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more

Hogan Lovells

The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

Hogan Lovells on

The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single Market Directive ...more

Fenwick & West LLP

The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

Fenwick & West LLP on

In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production...more

Hogan Lovells

DSM Watch: Copyright Directive press publishers’ rights: final edition of Article 11 is now Article 15

Hogan Lovells on

Yesterday (26 March 2019) the EU Parliament voted to pass the draft Copyright Directive into EU law.  After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted...more

Fenwick & West LLP

Online Publishers Beware: An iPhone Snap May Go Viral, but Unauthorized Commercial Use is Still Not Fair Use

Fenwick & West LLP on

When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party. Such an act in 2017 yielded a snapshot of...more

Fenwick & West LLP

European Parliament Endorses Upload Filters

Fenwick & West LLP on

In September 2016, the European Commission, which is the executive cabinet for the European Union, issued a Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market. On...more

Morrison & Foerster LLP

EU Copyright Directive - Spotlight on Upload Filters and Press Publishers’ Copyright

In the lobbying battle about the new EU copyright directive between Internet giants and content producers, the creative industry gained a partial victory. On September 12, 2018, the EU Parliament, in favor of content...more

Hogan Lovells

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

Hogan Lovells on

After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the...more

Hogan Lovells

Top Human Rights Court Denies Right to be Forgotten in Old Murder Case

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On June 28, 2018, the European Court of Human Rights decided that Germany had correctly denied two individuals their “right to be forgotten” requests in connection with press archives relating to a 1991 murder. The two...more

Proskauer - New Media & Technology

In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online...

In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take...more

White and Williams LLP

Clever Lawyering Does Not Thwart Communications Decency Act Immunity

White and Williams LLP on

Despite a recent trend indicating that it might be on life support, immunity under the Communications Decency Act (CDA) remains alive and kicking, at least in California. Based on Section 230 of the CDA, on July 2, 2018, the...more

BCLP

Online Review Website Cannot Be Forced To Remove Defamatory Posts

BCLP on

The California Supreme Court ruled that an online publisher cannot not be forced by a court to remove a third-party post that was judicially determined to be defamatory. The 4-3 ruling by the California Supreme Court, issued...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules That Section 230 of Communications Decency Act Prevents Courts from Ordering Online Services to...

On July 2, 2018, the California Supreme Court issued its long-awaited decision in Hassell v. Bird, a case that challenged the federal statutory immunity that online services have traditionally enjoyed under 47 U.S.C. Section...more

Hogan Lovells

DSM Watch: One step closer to a European copyright reform

Hogan Lovells on

After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) finally agreed on its position on the draft DSM Copyright Directive. Of course, the plenary...more

Hogan Lovells

European Copyright Society – Intense discussion on how to move on with the copyright reform

Hogan Lovells on

On 25 May 2018, the European Copyright Society (ECS) hosted a very informative and encouraging conference on the current status quo of the pending copyright reform. ...more

Hogan Lovells

DSM Watch: EU Copyright reform – where do we stand?

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Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright...more

Orrick - Trade Secrets Group

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Proskauer - New Media & Technology

No Liability for Self-Publishing Platforms over Author’s Use of Unauthorized Cover Photo

In a brief, unpublished opinion, the Sixth Circuit affirmed the dismissal of right of publicity and privacy claims against a host of self-publishing platforms and service providers for distributing an erotic (and purported...more

Hogan Lovells

Wikitribune and broken news

Hogan Lovells on

Wikipedia founder Jimmy Wales completes crowd-funding this week for his latest venture: Wikitribune, a news platform that, while not affiliated with Wikipedia, applies Wikipedia’s collaborative model to journalism. Wales...more

Proskauer - New Media & Technology

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

Dorsey & Whitney LLP

China Imposes New Restrictions on Internet Content

Dorsey & Whitney LLP on

Rules imposing new restrictions on the publication of online content in China came into effect on March 10, 2016. The new rules, the Online Publishing Service Administrative Rules, were jointly released by the State...more

Pillsbury - Internet & Social Media Law Blog

China Imposes New Restrictions on Online Publishing

China has issued new, wide-ranging regulations on the publication of virtually any type of content over the Internet. The new rules, promulgated jointly by the PRC State Administration of Press, Publication, Radio, Film and...more

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