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Digital Millennium Copyright Act Internet Service Providers (ISPs)

Vondran Legal

DMCA subpoena new tool for Copyright Plaintiffs in Boy Kills World cases?

Vondran Legal on

This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

Dorsey & Whitney LLP on

The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more

AEON Law

Patent Poetry: Fourth Circuit Overturns $1 Billion Copyright Infringement Verdict

AEON Law on

The Fourth Circuit has overturned a $1 billion verdict in a copyright case against Cox Communications. As the court explained, Defendant Cox Communications sells internet, telephone, and cable television service to 6...more

Wiley Rein LLP

Fourth Circuit Opens Door to Future ISP Defenses in Vacating $1 Billion Copyright Judgment Against Cox Communications

Wiley Rein LLP on

On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more

Vondran Legal

Cloudflare 17 U.S.C. 512(h) DMCA subpoena explained

Vondran Legal on

"We provide security and performance for millions of Internet properties and offer great functionality such as SSL and content distribution to every website on our network. Our services run silently in the background, keeping...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - Recent Updates on the NFL and Intellectual Property

With three games on Thanksgiving Day and another on Black Friday, the NFL was likely a predominant discussion point in many households this past holiday weekend. However, these discussions were probably focused on the actual...more

Miller Canfield

Protecting Your Brand: Using DMCA Takedown Notices to Obtain Jurisdiction Over Anonymous Copycat Infringers

Miller Canfield on

A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the...more

Wilson Sonsini Goodrich & Rosati

Will Section 230 and DMCA Translate to the Metaverse?

Wilson Sonsini provides extensive and cutting-edge legal services for innovators, technology pioneers, and disruptors. As part of our focus on emerging technologies, our attorneys are publishing a series on applying and...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Amundsen Davis LLC

It’s Time to “Get Smart” About the SMART Copyright Act – What it Means for Copyright and Patent Holders

Amundsen Davis LLC on

The Digital Millennium Copyright Act (DMCA) was intended to give copyright owners protection against online infringement and service providers a safe harbor when service users infringe copyrights in works displayed online....more

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

AEON Law on

While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more

Lowenstein Sandler LLP

An Ounce of Prevention: Preparing for Your Pre-Seed Financing Round

Lowenstein Sandler LLP on

Benjamin Franklin famously cautioned that “an ounce of prevention is worth a pound of cure.” Although Franklin was warning the people of Philadelphia that preventing a fire is better than fighting one, the same admonition...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Internet Service Providers

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act (DMCA) and explain the specific requirements and procedures copyright owners and online service...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...more

Jaburg Wilk

Stopping Online Infringement

Jaburg Wilk on

Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more

Davis Wright Tremaine LLP

Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Stinson LLP

DMCA Takedown Notices: A New Opponent for Streamers

Stinson LLP on

For several months, live sporting events were halted because of the pandemic, yet during this period of uncertainty, the esports ecosystem has been active and thriving. The increased activity has meant substantial growth for...more

Weintraub Tobin

Second Circuit Frames Novel Issue Of Photographer’s Claim Of Copyright Infringement And DMCA Violation

Weintraub Tobin on

The facts in Mango v. BuzzFeed are fairly straight forward. Mango is a freelance photographer who licensed a photograph to the New York Post. The Post included the photo in a story and below the photo included Mango’s name –...more

Fenwick & West LLP

U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders

Fenwick & West LLP on

On May 21, 2020, the U.S. Copyright Office released its first full report—based on 92,000 written comments, five roundtables and decades of case law—on the Digital Millennium Copyright Act (17 U.S.C. § 512). The analysis was...more

Haug Partners LLP

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

Haug Partners LLP on

Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more

Neal, Gerber & Eisenberg LLP

U.S. Copyright Office Releases Report on Digital Millennium Copyright Act

The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....more

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more

Fox Rothschild LLP

Copyright Office Says DMCA Is Too Pro-Tech

Fox Rothschild LLP on

The US Copyright Office issued a lengthy report concluding that the Digital Millennium Copyright Act (DMCA) has “tilted askew” in favor of tech companies. It called on Congress to make changes in the act that will favor...more

Greenberg Glusker LLP

Reforming The Internet

Greenberg Glusker LLP on

When Congress first set out to codify the rights and obligations of technology companies and internet service providers on the then-nascent internet few could have predicted the sheer scale of those companies and the...more

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