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Question on web browsing and copyright infringement referred to CJEU
- McDermott Will & Emery
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- Belarus, United Kingdom
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- April 30 2013
On 17 April 2013, the Supreme Court of England and Wales provisionally held in Public Relations Consultants Association Ltd v The Newspaper Licensing
No “safe harbor” for BitTorrent website operator
- McDermott Will & Emery
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- USA
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- 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
“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
- McDermott Will & Emery
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- USA
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- 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
How deep is the safe harbor?
- McDermott Will & Emery
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- USA
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- 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
Searching for photos? Go ahead, Google those thumbnails
- McDermott Will & Emery
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- Germany
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- 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
Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online
- McDermott Will & Emery
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- USA
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- June 30 2011
Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet
The Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
- McDermott Will & Emery
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- United Kingdom
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- 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
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- Belgium, European Union
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- 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
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- USA
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- 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
Constitutional challenge to (file sharing) damage award rebuffed
- McDermott Will & Emery
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- USA
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- 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
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