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Constitutional challenge to (file sharing) damage award rebuffed
- McDermott Will & Emery
- -
- USA
- -
- 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
How deep is the safe harbor?
- McDermott Will & Emery
- -
- USA
- -
- 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
“Hot news” cannot be enjoined under misappropriation claim
- McDermott Will & Emery
- -
- USA
- -
- July 31 2011
In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation
