How safe is safe? Second Circuit’s YouTube decision limits the reach of the DMCA’s “safe harbor” provisions *

USA - April 11 2012
The Second Circuit’s recent YouTube decision (Viacom International Inc., et al. v. YouTube Inc., et al. and related cases) is most notable for a surprising shift in balance, away from the rote application to a service provider of the Digital Millennium Copyright Act’s (“DMCA’s”) safe harbor provision, and toward a more fact-based pragmatic approach.

Co-authors: Carole E. Handler.

False patent marking *

USA - January 14 2010
On December 23, 2009, the Federal Circuit Court of Appeals held that patent owners and others may be fined up to $500.00 for every product or advertisement bearing a false patent marking.

Co-authors: A. Justin Poplin, Bernard J. Rhodes, Gerald M. Kraai, William A. Rudy, William "Bill" R. Hansen.