Digital Trade: Key Trends and Developments to Watch
Podcast: State Taxation of Digital Health Products
The distinction between owning and licensing digital goods has become blurred in an era increasingly dominated by digital transactions. While traditionally consumers purchasing physical items such as books and video games...more
Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books...more
A new California law, AB 2426, will require any company offering to California consumers online-only digital goods – including a broad category of online media and content, such as games, video, audio, digital books and other...more
Last week, Governor Gavin Newsom signed AB 2426 into law. The bill declares it unlawful for "a seller of a digital good to advertise or offer for sale a digital good to a purchaser with the terms 'buy,' 'purchase,' or any...more
The past two presidential administrations have seen major shifts in U.S. trade policy impacting all aspect of the digital ecosystem, from trade in physical technology products to new initiatives limiting data flows. Join...more
Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with...more
The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s...more
As the digital economy continues to expand, the rise of digital content also transforms the traditional models of how artists and consumers sell and purchase art. Instead of renting a VHS at your local film shop, a family can...more
During the 2023 legislative session, the Georgia General Assembly passed significant tax legislation including decoupling from IRC § 174, imposing sales tax on certain digital goods, and revising eligibility for the...more
Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more
From November 14 through 17, the Multistate Tax Commission (MTC) held its annual Fall Meetings in Little Rock, Arkansas. The MTC’s Uniformity, Executive, Strategic Planning, Audit, Litigation, and Nexus Committees met during...more
On 29 June 2022, Decree n° 2022-946 (the Decree) supplemented the regulatory framework resulting from the Ordinance n° 2021-1247 of 29 September 2021 on the legal warranty of conformity for goods, digital content, and digital...more
Wiley partner Tim Brightbill and consulting counsel Jackie Ruff sit down to discuss all things digital trade, from its definition to the overarching themes in the current regulatory space. With the digital economy now...more
In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more
The Multistate Tax Commission (MTC) held its spring meetings in Albuquerque, New Mexico on April 19 through 22. The Uniformity Committee meeting took place on April 20 - some highlights from the meeting are included below. ...more
Introduction to NFTs- Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public awareness. People often hear about NFTs through collectible projects like Bored Ape Yacht Club, CryptoPunks, and...more
Die Umsetzung der europäischen Warenkaufrichtlinie (2019/771) und der Richtlinie über die Bereitstellung digitaler Inhalte und digitaler Dienstleistungen (2019/770) in nationales Recht bringt einige wichtige Änderungen des...more
Key Points - On March 11, 2022, USTR and DOC requested public comments on the trade pillar of the Indo-Pacific Economic Framework, with both requests including a focus on digital trade issues. Comments are due to both...more
From 1 January, 2022, contracts governed by French or German law for the sale of digital content and services, and goods with digital elements, will be subject to harmonised European rules that grant additional legal...more
A new contract type has been introduced in the German Civil Code for the supply of digital content or services by companies to consumers in Germany: The German Federal Parliament has added 22 new sections (337-327u) on the...more
In implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019, "WKRL") and the Digital Content and Services Directive (Directive 2019/770 (EU), "DIDRL"), a comprehensive reform of the BGB came into...more
In Umsetzung der Warenverkaufsrichtlinie (Richtlinie 2019/771/EU vom 20. Mai 2019, „WKRL“) sowie der Richtlinie über digitale Inhalte und Dienstleistungen (Richtlinie 2019/770 (EU), „DIDRL“) erhalten insbesondere digitale...more
Der Bundestag hat am 25.06.2021 das „Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen“ beschlossen. Das Gesetz setzt die...more
The U.S. Copyright Office (“USCO”) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (“DMCA”)’s rules governing access to devices and software, which includes automobiles...more
What Does It Mean to "Buy" Digital Content? On August 13, 2020, David Andino sued Apple Inc. (Apple) in the United States District Court for the Eastern District of California for violations of three California state laws: 1)...more