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“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


Google Books is transformative and therefore a fair use
  • McDermott Will & Emery
  • USA
  • November 30 2015

Addressing the boundaries of fair use in Copyright Law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens


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


In with the new: 2014 privacy, advertising and digital media predictions
  • McDermott Will & Emery
  • USA
  • January 24 2014

Data privacy and security made the headlines practically daily in 2013. Our second annual Privacy and Data Protection 2013 Year in Review topped 65


Digital marketing minute: bot fraud hampers digital advertising
  • McDermott Will & Emery
  • USA
  • August 22 2014

Fraudulent web traffic is an increasingly common headache for digital marketers who work with advertising networks to deliver online ads


FDA issues draft guidance addressing postmarket submission requirements for internet-based promotional materials
  • McDermott Will & Emery
  • USA
  • January 28 2014

On January 14, 2014, the U.S. Food and Drug Administration (Agency) published a long-awaited draft guidance entitled Fulfilling Regulatory


Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use
  • McDermott Will & Emery
  • USA
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent


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


In with the new: 2015 privacy, advertising and digital media predictions part III
  • McDermott Will & Emery
  • USA
  • January 15 2015

Part III of our 2015 predictions series comes from Of Digital Interest editor and McDermott partner, Heather Sussman, who predicts that states will


FTC enforces Facebook policies to stop jerk
  • McDermott Will & Emery
  • USA
  • April 21 2014

The Federal Trade Commission (FTC) recently accused the operator of www.Jerk.com (Jerk) of misrepresenting to users the source of the personal