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Copyright alert: UMG v. Shelter CapitalVeoh Video Website and its investors win another round as Ninth Circuit rejects DMCA safe harbor challenges

Fenwick & West LLP
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USA
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December 21 2011

In an important decision upholding the application of the safe harbors of the Digital Millennium Copyright Act and addressing claims against investors for secondary copyright infringement, the Ninth Circuit Court of Appeals on Tuesday upheld summary judgment and a Rule 12(b)(6) dismissal in favor of Veoh Networks Inc. and its investors

Second Circuit upholds gray market importation bar and negates first-sale doctrine for works of authorship made overseas

Fenwick & West LLP
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USA
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October 26 2011

The U.S. Court of Appeals, Second Circuit decision in John Wiley & Sons, Inc. v. Kirtsaeng, No. 09-4896-cv, 2011 WL 3560003 (2nd Cir. Aug. 15, 2011), represents the latest chapter of a long-running saga that could be titled, “Gray Market Goods Try to Enter the Homeland.”

Judge to oracle: bye-bye billion

Fenwick & West LLP
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USA
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October 26 2011

On September 1, 2011, U. S. District Judge Phyllis Hamilton set aside the record-setting $1.3 billion jury verdict in Oracle USA, Inc. v. SAP AG, No. C 07-1658, 2011 U.S. Dist. LEXIS 98816 (N.D. Cal. Sept. 1, 2011

Second Circuit negates first sale right for foreign-made works of authorship

Fenwick & West LLP
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USA
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August 18 2011

In a startling and potentially far-reaching decision, a divided panel of the Second Circuit held this week that the first sale doctrine of 17 U.S.C. 109(a) does not apply to copies of works manufactured outside of the United States

Is the copyright-troll business model undone? Righthaven suffers three strikes in a week

Fenwick & West LLP
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USA
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August 9 2011

As music rights holders have eased up on legal actions against online end users for copyright infringement, a new wave of suits has been brought by agencies that secure rights in works they deem to have been infringed on websites and blogs

District court holds online publication means publication of a U.S. work

Fenwick & West LLP
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USA
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August 9 2011

A federal district court in Florida has held that publication of a work on the Internet constitutes simultaneous publication everywhere in the world, including the United States, requiring that the work be deemed a “United States work” and triggering a Copyright Act requirement that a plaintiff must register the work before filing suit for infringement

Ninth Circuit rejects presumption of irreparable harm in copyright cases

Fenwick & West LLP
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USA
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August 4 2011

Copyright defendants have a reason to thank Perfect 10, Inc. this week; the serial - and serially unsuccessful - plaintiff’s latest appeal has resulted in a decision that will make it significantly more difficult for copyright owners to obtain preliminary and permanent injunctions against alleged infringers in the Ninth Circuit

Ninth Circuit confirms viability of "Desny" claim based on promise to pay for use of an idea

Fenwick & West LLP
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USA
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May 13 2011

On May 4, 2011, the Ninth Circuit, sitting en banc, confirmed that copyright law does not preempt implied-in-fact contract claims based on a bilateral expectation that the defendant would compensate the plaintiff for the use of his or her idea

Could Lime Wire plaintiffs make the Oracle jury award look like small potatoes? Nope, says SDNY judge in statutory damages ruling

Fenwick & West LLP
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USA
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May 5 2011

Was the record-breaking jury verdict in Oracle Corp. v. SAP AG, 566 F. Supp. 2d 1010 (N.D. Cal. July 3, 2008) a modest damages award?

Advanced copyright issues on the Internet

Fenwick & West LLP
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European Union, USA
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March 28 2011

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds

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