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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

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

McDermott Will & Emery
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USA
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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

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"

Lanham Act attorneys’ fees awarded in the absence of damages

McDermott Will & Emery
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USA
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August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public

Constitutional challenge to (file sharing) damage award rebuffed

McDermott Will & Emery
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USA
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October 31 2011

The U. S. Court of Appeals for the First Circuit was less sympathetic than the district court to a Boston College graduate student who was found to have used file sharing software to distribute copyrighted music, concluding that the district court erred in reducing the damage award based on due process concerns

Statutory damages: foreign works and the U.S. live broadcast exemption

McDermott Will & Emery
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USA
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September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

McDermott Will & Emery
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USA
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February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

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

KSR based renewed motion on obviousness is a winner

McDermott Will & Emery
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USA
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February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion

Webcasting music services not “interactive” when users cannot directly control the songs they hear

McDermott Will & Emery
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USA
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September 28 2009

The U.S. Court of Appeals for the Second Circuit affirmed a district court judgment that an internet radio service was not an “interactive service” within the meaning of the Digital Millennium Copyright Act (DMCA) and hence was not liable for copyright infringement for failure to pay license fees

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