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Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for

Google held liable for copyright infringement for bulk scanning of books

  • McDermott Will & Emery
  • -
  • France
  • -
  • February 28 2010

The Paris Court of First Instance's third chamber has ruled that Google Inc.’s bulk scanning of books for its Google Book Search website, done without permission from copyright holders, infringed the copyrights on hundreds of French books

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

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

No “safe harbor” for BitTorrent website operator

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

Question on web browsing and copyright infringement referred to CJEU

  • McDermott Will & Emery
  • -
  • Belarus, United Kingdom
  • -
  • April 30 2013

On 17 April 2013, the Supreme Court of England and Wales provisionally held in Public Relations Consultants Association Ltd v The Newspaper Licensing

“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct

“Internet trinity” no longer holy in internet trademark cases

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 31 2011

In a decision that will limit the ability of trademark owners to challenge competitors’ keyword advertising, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction issued by a district court barring a defendant’s purchase of a competitor’s trademark as a keyword to trigger internet advertisements

Vicarious copyright infringement requires a showing of supervision or control

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

Civil litigation under China’s Anti-Monopoly Law

  • McDermott Will & Emery
  • -
  • China
  • -
  • March 26 2012

Since the introduction of the China AML in August 2008, Chinese courts have experimented with various methods of civil dispute adjudication based on breach of the AML

DMCA safe harbor held to protect content-sharing website

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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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