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Results: 1-10 of 79

Dismissal but No Fees for Innocent BitTorrent Defendant
  • McDermott Will & Emery
  • USA
  • January 29 2016

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be


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


Owner of compilation need not list individual authors to register copyright
  • McDermott Will & Emery
  • USA
  • August 29 2013

In deciding issues of first impression for the circuit, the U.S. Court of Appeals for the Fourth Circuit upheld a preliminary injunction against a


No “safe harbor” for BitTorrent website operator
  • McDermott Will & Emery
  • USA
  • 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


ISP not responsible for preventing illegal downloading: CJEU decision finds filtering system would infringe ISP’s business rights and customers’ freedom
  • McDermott Will & Emery
  • European Union
  • January 12 2012

In Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL C-7010 24 November 2011, the Court of Justice of the European Union found that imposing an injunction on an internet service provider (ISP) requiring it to install a filtering system to prevent illegal downloading is unlawful under European law


“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


Portion of California Resale Royalty Act struck down as unconstitutional
  • McDermott Will & Emery
  • USA
  • June 30 2015

Addressing the constitutionality of California’s Resale Royalty Act, Cal. Civ. Code 986 (“the Act”), the U.S. Court of Appeals for the Ninth


Copyright holders must consider fair use before issuing DMCA takedown notification
  • McDermott Will & Emery
  • USA
  • October 30 2015

The U.S. Court of Appeals for the Ninth Circuit ruled that copyright holders must consider the fair-use doctrine prior to issuing a takedown


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


Is “insolubly ambiguous” the correct standard to determine compliance with Sec 112?
  • McDermott Will & Emery
  • USA
  • February 5 2014

The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit's standard for determining when