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Results: 1-10 of 122

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


DMCA Safe Harbor Protection Includes Pre-1972 Recordings
  • McDermott Will & Emery
  • USA
  • July 26 2016

Vacating a district court's decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital


Statutory damages: foreign works and the U.S. live broadcast exemption
  • McDermott Will & Emery
  • USA
  • September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site


A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial
  • McDermott Will & Emery
  • USA
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1


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


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


Disclosures need not contain customers’ actual names to violate the Video Privacy Protection Act rules Hulu court
  • McDermott Will & Emery
  • USA
  • May 9 2014

In the latest of a string of victories for the plaintiffs in the Video Privacy Protection Act (VPPA) class action litigation against Hulu, LLC, the U


New COPPA parental consent method approved by FTC
  • McDermott Will & Emery
  • USA
  • January 10 2014

The Federal Trade Commission's (FTC) amended Children's Online Privacy Protection Act (COPPA) Rule (16 CFR 312 et seq.), effective July 1, 2013


Collecting and selling data mined from social media sites covered by FCRA
  • McDermott Will & Emery
  • USA
  • June 25 2012

On June 12, 2012, the Federal Trade Commission (FTC) announced a settlement with Spokeo, Inc., a data broker that compiles and sells detailed information profiles on consumers, in connection with claims that Spokeo violated the Fair Credit Reporting Act (FCRA) and the FTC’s Endorsement Guidelines


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