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Is “insolubly ambiguous” the correct standard to determine compliance with Sec 112?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 5 2014

The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit's standard for determining when

The Aereo crashed: cheap internet TV thwarted

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2014

The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television

D.C. Circuit limits discovery and joinder for downloading "swarms"

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 27 2014

Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called

Next time, buy the CDs

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

Following the lead of other courts addressing statutory penalties for illegal music downloading, the U.S. Court of Appeals for the First Circuit

“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

Transformative use in the Seventh Circuit

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 29 2014

The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different

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The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

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

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

Google Books is fair use and provides “significant public benefits”

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

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while