News & Analysis as of


Embedding Content is Safe, Right? A Recent Case Says No, Creating Serious Concerns for Websites with Unlicensed Third-party...

by Fish & Richardson on

In the United States, copyright owners have a number of exclusive rights, including the right to publicly display a work of visual art. This would include, for instance, the right to post a copyrighted photograph on a...more

No Relief in Sight from Website Accessibility Lawsuits

by Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Showdown at SCOTUS Looms as SDNY Judge Certifies Her Opinion on Embedded Tweets for Interlocutory Appeal

by Wilson Elser on

On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial summary judgment in a case involving the embedding of an image online and called into question the applicability and...more

Can embedding a tweet make you a copyright infringer?

by Thompson Coburn LLP on

Is it illegal to use an embedded link that causes an image on another website to appear on your site? Well, it depends on the court. A federal judge in New York recently held that online publishers who embed tweets that...more

PTAB Allows Patent Owner to Subpoena and Depose Internet Archives Employee for Limited Purpose

In a recent order, the Patent Trial and Appeal Board (PTAB) granted Patent Owner’s request to seek a subpoena and cross-examine an office manager at the Internet Archives. The request relates to Petitioner’s submission of an...more

17 Reasons why UX can help you convert more leads on your website

by Adrian Dayton on

What is UX? To explain UX or User Experience Design, I am going to be using a car analogy....more

Update to MLA Website Expands Search Functionality

by Ballard Spahr LLP on

Yesterday, the Department of Defense’s (DoD) Military Lending Act website was temporarily taken offline to accommodate various “security and performance enhancements.” ...more

It’s that time of year again: Phish Madness!

Beware of March Madness! Scammers and phishers take advantage of increased web traffic by impersonating popular March Madness websites, including bracket sites and game live streams. Will your employees take the bait?...more

GDPR's Most Frequently Asked Questions: If I Already Drafted a Privacy Policy to Comply with US Law Do I need to Change it for the...

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

Domain Names: The dangers of “snapping”

by Hogan Lovells on

DNS Belgium, the Registry operating the .BE country code Top Level Domain (ccTLD), recently published an article warning domain name owners of the risks inherent in the practice of “snapping”. ...more

Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground...

If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more

dotFM embraces emoji domain names

by Hogan Lovells on

dotFM, the Registry responsible for the .FM Top Level Domain (TLD), is to join the handful of TLDs that are making emoji domain names available to register. ...more

ADA Suit Against Blooms

Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against

Small and Mid-Sized Companies are the New Targets of Business Email Compromise

by Womble Bond Dickinson on

Originally published in the Upstate Business Journal on February 15, 2018. Meet Peter — a longtime employee and the backbone of your business’s day-to-day finance and accounting operations. Today he got an email from the...more

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be...

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more

OTA & Travel Distribution Update - Airbnb continues its evolution into a traditional lodging company and/or distributor; Priceline...

by Garvey Schubert Barer on

This week’s OTA & Distribution Update for the week ending February 23, 2018 is below. Other than Airbnb’s much publicized rollout of its 53 new product lines (an exaggeration, but not by much), last week was a relatively slow...more

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

by Holland & Knight LLP on

• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or...more

Communications Decency Act Protects Website Operators from Liability Despite Blogger Content Policy

by Wilson Elser on

In affirming the grant of Google’s Motion to Dismiss for failing to remove a blog post, on February 23, 2018, the D.C. Circuit Court concluded that the Communications Decency Act (CDA) immunizes website operators from...more

Embedded Tweets Violate Exclusive Display Right, Setting Up Possible Showdown at SCOTUS, and Cause Uncertainty for Website...

by Wilson Elser on

Finding that drafters of the Copyright Act amendments in 1976 foreshadowed the technological advances that were coming, on February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial...more

ICANN in California – 2018 McCarthy Symposium review

by Hogan Lovells on

We are delighted to have sponsored the eighth annual McCarthy Institute Trademark Symposium on February 23 in Sunnyvale, California. The one-day event, titled “Trademark Law and Its Challenges 2018” brought together over 200...more

Great Pic! But Can You Use It?

by Gray Reed & McGraw on

Running for office, Starr Struuck sent out a campaign newsletter extolling her qualifications and a list of reasons why she should be elected rather than her incumbent opponent. Prominently displayed in her newsletter and...more

Federal Court of Appeal approves website seizure and Anton Piller order against online copyright piracy platform

by Smart & Biggar on

On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites and an Anton Piller...more

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Unconstitutional!

A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors’ ages without their consent. The law, which the California legislature enacted in...more

Southern District of New York’s Controversial Decision Creates East Coast/West Coast Rift in Approach to Embedded Photographs

For the past ten years, the copyright law addressing the legalities of a website’s provision of “inline” links to photos that reside on another website’s server seemed to be relatively well-settled and straightforward. Courts...more

District Judge in the SDNY: Embedding Links to Third-Party Web Content is Copyright Infringement

by Reed Smith on

Copyright holders have an exclusive right to display images and other works. For the last 10 years, news organizations and other website operators have relied on the Ninth Circuit’s opinion in Perfect 10, Inc. v.

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