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The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

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

FTC updates guidelines for making proper disclosures in digital advertising

McDermott Will & Emery
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USA
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April 22 2013

The U.S. Federal Trade Commission (FTC) released updated guidance on how to make online advertising and marketing disclosures "clear and conspicuous"

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

FTC updates rule for children’s online privacy protection

McDermott Will & Emery
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USA
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January 17 2013

The U.S. Federal Trade Commission recently updated the rule for children's online privacy protection, expanding a business's obligations and

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

Collecting and selling data mined from social media sites covered by FCRA

McDermott Will & Emery
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USA
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June 25 2012

On June 12, 2012, the Federal Trade Commission (FTC) announced a settlement with Spokeo, Inc., a data broker that compiles and sells detailed information profiles on consumers, in connection with claims that Spokeo violated the Fair Credit Reporting Act (FCRA) and the FTC’s Endorsement Guidelines

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