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Results: 1-10 of 31

eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit

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

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases

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

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

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

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

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The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

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

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

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

Searching for photos? Go ahead, Google those thumbnails

  • McDermott Will & Emery
  • -
  • Germany
  • -
  • June 30 2010

The German Federal Supreme Court has decided that Google is not liable for unlawful copyright infringement for displaying thumbnail preview images of the artist's photographs in its search engine