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ISP not responsible for preventing illegal downloading: CJEU decision finds filtering system would infringe ISP’s business rights and customers’ freedom

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 12 2012

In Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL C-7010 24 November 2011, the Court of Justice of the European Union found that imposing an injunction on an internet service provider (ISP) requiring it to install a filtering system to prevent illegal downloading is unlawful under European law

Collective Rights Management Directive approved

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 17 2014

The new Collective Rights Management Directive, regarding collective management of copyright related rights and multi- territorial licensing of

Owner of compilation need not list individual authors to register copyright

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 29 2013

In deciding issues of first impression for the circuit, the U.S. Court of Appeals for the Fourth Circuit upheld a preliminary injunction against a

Court of Justice of the European Union holds that ISPs may be ordered to block customer access to websites infringing copyright

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2014

On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) has held that ISPs may be ordered to block their

CJEU holds ISPs may be ordered to block customer access to websites infringing copyright

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • May 8 2014

On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) in UPC Telekabel Wien GmbH v Constantin Film

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

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The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

Web-linking is not necessarily copying

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

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

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