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Vicarious copyright infringement requires a showing of supervision or control

McDermott Will & Emery
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USA
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April 30 2013

In an opinion that elaborates on the degree of third-party supervision required in order to attach vicarious copyright infringement liability, the U.S

No “safe harbor” for BitTorrent website operator

McDermott Will & Emery
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USA
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April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced

DMCA safe harbor analysis now the same in both Ninth and Second Circuits

McDermott Will & Emery
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USA
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April 30 2013

The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

Nothing non-obvious about applying pre-existing technology to the Internet

McDermott Will & Emery
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USA
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February 28 2013

Addressing the issue of obviousness of patents directed to Internet-based software, the U.S. Court of Appeals for the Federal Circuit reversed a

Web-linking is not necessarily copying

McDermott Will & Emery
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USA
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September 28 2012

The U.S. Court of Appeals for the Seventh Circuit has determined that an entity that provides a link to copyrighted material should not be held liable as a contributory copyright infringer if users of the site bookmarked, but did not upload, the copyrighted material to the site servers

Statutory provision on royalty judges violates appointments clause

McDermott Will & Emery
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USA
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August 30 2012

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the position of Copyright Royalty Judges (CRJs) violates the Appointments Clause of the U.S. Constitution, but remedied the violation by invalidating and severing restrictions on the Librarian of Congress’s ability to remove the CRJs

Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use

McDermott Will & Emery
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USA
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June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent

How deep is the safe harbor?

McDermott Will & Emery
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USA
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May 30 2012

In a case that has now been in litigation for more than five years, and in an appeal that drew close to a hundred amici briefs, the U. S. Court of Appeals for the Second Circuit has explained its position on the contours of the Digital Millennium Copyright Act's (DCMA's) safe harbor provision that limits the liability of online service providers who permit users to post content on their websites

Misleading UDRP exhibits could create liability under Anticybersquatting Consumer Protection Act

McDermott Will & Emery
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USA
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April 30 2012

In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit held that a company that allegedly redacted portions of an exhibit submitted in connection with a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) may be liable for misrepresentation under the Anticybersquatting Consumer Protection Act (ACPA

DMCA safe harbor held to protect content-sharing website

McDermott Will & Emery
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USA
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January 31 2012

The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA

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