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Digital Millennium Copyright Act Appeals

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

McDermott Will & Emery

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

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In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

McDermott Will & Emery

Strong Signal: Personal Jurisdiction Over Foreign Defendant Based on Confluence of Factors

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The US Court of Appeals for the Fifth Circuit concluded that a district court had personal jurisdiction over a foreign defendant’s website that purposefully targeted a US-based audience. DISH Network, LLC v. Bassam Elahmad,...more

McDermott Will & Emery

Yo-Ho-No Vicarious Liability for Online Piracy Without Financial Benefit

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The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and...more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

McDermott Will & Emery

Foreign Video-Hosting Website Can’t Escape Long Arm of the Law

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Focusing on the first prong of the minimum contacts test (whether the foreign defendant purposefully directed its activities at the United States) the US Court of Appeals for the Ninth Circuit reversed a district court...more

McDermott Will & Emery

DMCA Scienter Requirement Not Satisfied without Evidence of Knowledge of Inducement or Concealment

Interpreting a provision of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1202(b), for the first time, the US Court of Appeals for the Eleventh Circuit affirmed a summary judgment ruling that the plaintiff failed...more

McDermott Will & Emery

Ninth Circuit Once Again Preserves Competitor’s Data-Scraping Rights

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On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own 2019 opinion that preliminarily enjoined a professional networking platform from denying a data analytics...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

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In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

McDermott Will & Emery

Not Your Grandfather’s Internet Royalties? DMCA Favorable Rates Might Apply to Internet Offerings

Reversing the Copyright Royalty Board’s determination that a favorable grandfathered royalty rate did not apply to internet streaming audio transmissions, the US Court of Appeals for the District of Columbia Circuit concluded...more

McDermott Will & Emery

Buzz-sawed: Give Copyright Credit or Face Statutory Damages, Fees, Costs

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The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

McDermott Will & Emery

Ninth Circuit Preserves LinkedIn Competitor’s Data-Scraping Rights

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The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more

McDermott Will & Emery

Copyright Infringement Claims Precluded by Plaintiff’s Own Patent Lawsuit

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The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s dismissal of claims of copyright infringement, violation of the Digital Millennium Copyright Act (DMCA) and breach of...more

McDermott Will & Emery

Innocent Until Proven Knowledgeable

The US Court of Appeals for the Ninth Circuit clarified the requirements of § 1202 of the Digital Millennium Copyright Act, particularly with respect to copyright management information (CMI), holding that this section was...more

McDermott Will & Emery

No Fairytale Ending for Unauthorized Movie Streaming

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The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction against an online video streaming service, finding that the movie studio plaintiffs were likely to succeed on the merits for violations under the...more

Morrison & Foerster LLP - Social Media

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet...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

McDermott Will & Emery

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

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The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital...more

Baker Donelson

Dancing Baby Says Play Fair: Copyright Holders Must Consider Fair Use Before Sending a DMCA Takedown Notice

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With the exponential growth of internet commerce, business owners are increasingly receiving "takedown" notices under the Digital Millennium Copyright Act (DMCA), involving copyrighted works allegedly improperly used on their...more

Neal, Gerber & Eisenberg LLP

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more

Holland & Knight LLP

Copyright Owners Must Weigh Fair Use Before DMCA Takedown, 9th Circuit Holds

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A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit held on Sept. 14, 2015, that a copyright owner must consider whether a third party's online use of copyrighted content constitutes fair use before...more

McDermott Will & Emery

Criminal Conviction Upheld for Modifying Videogame Console

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USA v. Reichert - The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant’s criminal conviction under the Digital Millennium Copyright Act for trafficking technology that modifies technological...more

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