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Online Platforms Safe Harbors

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

Benesch

The Potential Applicability of Section 230 of the Communications Decency Act in Search Engines in the AI Age

Benesch on

In the ever-evolving landscape of artificial intelligence (AI), the integration of AI into search engines has marked a significant shift. Recent announcements from major tech events such as Apple’s WWDC 2024 and Google I/O...more

WilmerHale

FTC Publishes Proposed Amendments to COPPA Rule

WilmerHale on

On December 20, the Federal Trade Commission (FTC or “the Commission”) published a notice of proposed rulemaking (NPRM) proposing amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or the “Rule”)....more

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

Morrison & Foerster LLP - Social Media

Part 2(A) – 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

Gibney Anthony & Flaherty, LLP

Modified SHOP SAFE Act Introduced to Combat Anticounterfeiting

On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in...more

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

Latham & Watkins LLP on

On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...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

Latham & Watkins LLP

EU Distribution Rules Under Review

Latham & Watkins LLP on

The European Commission (EC) has published a draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines (the Guidelines) for public consultation. The draft revised VBER and Guidelines are an important...more

Hogan Lovells

Shaping Europe’s Digital Future – EU publishes its draft Digital Services Act

Hogan Lovells on

Awaited with bated breath by stakeholders in the online industry and by IP right holders alike, the EU Commission published its official draft for the Digital Services Act (DSA). The DSA is conceived as one of the central...more

Troutman Pepper

Colorado Attorney General Announces Landmark Settlement in True Lender Litigation Actions

Troutman Pepper on

In January 2017, the Attorney General of Colorado filed two lawsuits against Marlette Funding LLC and Avant of Colorado LLC. Among other things, the lawsuits claimed that these two companies, as the online platforms for loans...more

Morrison & Foerster LLP

Dropping Anchor In The (Safe) Harbor: Colorado “True Lender” Litigation Settles

Ending years of litigation, the Colorado Attorney General and the Administrator of the Colorado Uniform Consumer Credit Code (“Administrator”) announced a settlement with marketplace lenders Avant of Colorado, LLC and...more

Morrison & Foerster LLP - Social Media

District Court In 3rd Circuit Sides With 9th Circuit: §230 Protects Social Platforms From State Law Intellectual Property Claims

It is another win for social media platforms in the realm of the Communications Decency Act’s Section 230. In a case of first impression within the Third Circuit, the Eastern District of Pennsylvania in Hepp v. Facebook ruled...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

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

Akin Gump Strauss Hauer & Feld LLP

House Democrat Introduces Legislation to Strengthen Children’s Online Privacy

On January 30, Rep. Kathy Castor (D-FL) introduced H.R. 5703, the Protecting the Information of our Vulnerable Children and Youth Act (Kids PRIVCY Act) that would expand requirements under the Children’s Online Privacy...more

ArentFox Schiff

COPPA and the Digital Playground

ArentFox Schiff on

The Federal Trade Commission recently hosted a public workshop to explore whether to update the rule implementing the Children’s Online Privacy Protection Act (COPPA Rule) in light of evolving business practices in the online...more

Fenwick & West LLP

The Time is Now: Renew DMCA-Designated Agent Registrations with the Copyright Office

Fenwick & West LLP on

Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...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

Weintraub Tobin

The DMCA’s Safe Harbor Provision And Policing Repeat Infringers

Weintraub Tobin on

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March...more

Hogan Lovells

Europe: New Obligations for Platform Operators – Where Do We Stand?

Hogan Lovells on

The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM...more

Ladas & Parry LLP

DMCA Safe Harbors Will Discontinue for Websites and Internet Service Providers that Fail to Electronically Register their...

Ladas & Parry LLP on

Proprietors of websites that host user generated content and online search engines and directories have long benefitted from the safe harbors available to them under the Digital Millennium Copyright Act (DMCA). These safe...more

Neal, Gerber & Eisenberg LLP

Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017

As we discussed in our previous alert, the deadline for internet service providers to re-register electronically for copyright safe harbor protection is rapidly approaching on December 31, 2017....more

Seyfarth Shaw LLP

December 31, 2017: Last Day To Designate DMCA Agent Or Lose Safe Harbor Eligibility

Seyfarth Shaw LLP on

Starting December 31, 2017, all online service providers (which includes website owners) who want to take advantage of the Digital Millennium Copyright Act (DMCA) Safe Harbor must designate a registered agent with the U.S....more

Latham & Watkins LLP

REMINDER: Electronic (Re-)Registration of DMCA Agent Required By December 31

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Online service providers have until December 31, 2017 to register (or re-register) their designated DMCA takedown agent and maintain § 512(c) safe harbor eligibility. The Digital Millennium Copyright Act provides a safe...more

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