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Results: 11-18 of 18
“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
The Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
This ruling from Mrs Justice Proudman confirms that businesses using an online commercial media monitoring service require a licence from the Newspaper Licensing Agency Ltd
The legality of ordering ISPs to install filtering and blocking systems to protect IP rights
- McDermott Will & Emery
- -
- Belgium, European Union
- -
- May 31 2011
In Scarlet Extended SA v Société Belge des Auteurs Compositeurs et Editeurs C-7010, the Advocate General (AG) of the Court of Justice of the European Union (CJEU) has given his opinion on whether it is lawful for a national court to impose an order on an internet service provider (ISP) to make in impossible for its customers to send or receive, by means of peer-to-peer software, particular music files
“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
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
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
DMCA safe harbor held to protect content-sharing website
- McDermott Will & Emery
- -
- USA
- -
- January 31 2012
The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA
Statutory provision on royalty judges violates appointments clause
- McDermott Will & Emery
- -
- USA
- -
- August 30 2012
The U.S. Court of Appeals for the District of Columbia Circuit ruled that the position of Copyright Royalty Judges (CRJs) violates the Appointments Clause of the U.S. Constitution, but remedied the violation by invalidating and severing restrictions on the Librarian of Congress’s ability to remove the CRJs
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- Workarea - Copyrights
- Workarea - Internet
- Workarea - Litigation
- Firm Name - McDermott Will & Emery
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