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John E Ottaviani Edwards Wildman Palmer LLP

Results 1 to 5 of 7



Obodai v. Demand Media, Inc. applies Viacom to DMCA “safe harbor” requirements *

USA - August 15 2012
In one of the first applications of the Second Circuit’s Viacom International Inc. v. YouTube, Inc., 718 F. Supp. 2d 514 (S.D.N.Y. 2010) ruling, Obodai v. Demand Media Inc, 2012 WL 2189740 (S.D.N.Y. June 13, 2012) vindicates the user-generated content (UGC) community, although this victory may not be much to celebrate.


Second Circuit vacates and remands YouTube summary judgment under the Digital Millennium Copyright Act *

USA - April 17 2012
In another much-anticipated ruling regarding the scope of the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), the Second Circuit Court of Appeals vacated and remanded a 2010 lower court ruling granting summary judgment in favor of YouTube and others (Viacom International, Inc., et al and The Football Association Premier League Ltd et al v. YouTube Inc, et al., 2012 WL 1130851(2d Cir., April 5, 2012)).

Co-authors: Seth A. Davidson, Lawrence R. Robins , Glenn G. Pudelka.


Image hosting service wins summary judgment in copyright suit – lessons for online service providers and content owners on the DMCA safe harbor *

USA - January 20 2012
The Southern District of New York has granted summary judgment to the photo-sharing website, Photobucket.com, and its merchandising partner, Kodak Imaging Network, in a copyright infringement suit brought by an individual who claimed the services allowed for the unauthorized distribution, modification, and reproduction of her copyrighted images.

Co-authors: Alan L. Friel.


Ninth Circuit Court of Appeals afirms district court’s decision that Veoh Networks Inc. is protected by the DMCA’s safe harbor provisions *

USA - December 22 2011
In a much-anticipated ruling with respect to the strength of the safe harbor provisions within the Digital Millennium Copyright Act (“DMCA”), the Ninth Circuit Court of Appeals has affirmed a district court’s decision that Veoh Networks Inc. (“Veoh”) is protected by the DMCA’s safe harbor provisions from copyright infringement claims brought against it by UMG Recordings Inc. (“UMG”).

Co-authors: Glenn G. Pudelka.


Copyright first sale doctrine does not apply to resale of licensed software *

USA - September 28 2010
Generally, when someone purchases a CD containing software, or a DVD containing a video game, they believe they own the item.

Co-authors: Glenn G. Pudelka.


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