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Trendy “cybersecurity” versus traditional “information security” two sides of the same security coin
  • McDermott Will & Emery
  • USA
  • April 24 2014

Cybersecurity has become a dominant topic of the day. The Snowden revelations, the mega-data breaches of 2013, the pervasiveness of invisible online


New privacy rights for California minors
  • McDermott Will & Emery
  • USA
  • October 21 2013

On September 23, 2013, Governor Brown signed into law new Sections 22580 through 22582 of the California Business and Professions Code titled


What to do?
  • McDermott Will & Emery
  • USA
  • October 21 2013

A check-up for the privacy policy (or "privacy statement," which is the increasingly popular industry term) posted on your company's website is a


Judge finds that Apple conspired to raise e-book prices
  • McDermott Will & Emery
  • USA
  • July 12 2013

On July 10, 2013, Judge Denise Cote of the Southern District of New York issued a 160-page opinion holding that Apple conspired with five book


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


KSR based renewed motion on obviousness is a winner
  • McDermott Will & Emery
  • USA
  • February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion


“Objectionable material” under CDA means more than just porn
  • McDermott Will & Emery
  • USA
  • August 31 2009

The U.S. Court of Appeals for the Ninth Circuit has confirmed that the safe harbor provisions of the Communications Decency Act (CDA) apply to screening or blocking software and cover more then just pornography; they cover spyware as well


Copyright registrations can be invalidated based on intentional misrepresentations of originality
  • McDermott Will & Emery
  • USA
  • August 31 2009

Addressing the inter-related issues of cyberpiracy, copyright infringement and trademark infringement, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a website was owned by the employer but the copyright was invalid because the employer misrepresented the former employee’s contribution to that website


Webcasting music services not “interactive” when users cannot directly control the songs they hear
  • McDermott Will & Emery
  • USA
  • September 28 2009

The U.S. Court of Appeals for the Second Circuit affirmed a district court judgment that an internet radio service was not an “interactive service” within the meaning of the Digital Millennium Copyright Act (DMCA) and hence was not liable for copyright infringement for failure to pay license fees


Video-sharing website protected by DMCA safe harbor
  • McDermott Will & Emery
  • USA
  • January 30 2009

In 2008, the video-sharing website Veoh.com (Veoh) won two notable decisions under the “safe harbor” provisions of the Digital Millennium Copyright Act (DMCA