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Results: 1-10 of 80

Usenet Server Owners, Operators Are Not Directly or Secondarily Liable for Copyright Infringement
  • McDermott Will & Emery
  • USA
  • February 27 2017

Addressing copyright infringement issues, the US Court of Appeals for the Ninth Circuit affirmed the district court's summary judgment in defendants'


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


“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


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


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


eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit
  • McDermott Will & Emery
  • USA
  • August 31 2011

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases


Searching for photos? Go ahead, Google those thumbnails
  • McDermott Will & Emery
  • Germany
  • 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


The legality of ordering ISPs to install filtering and blocking systems to protect IP rights
  • McDermott Will & Emery
  • Belgium, European Union
  • 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


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 analysis now the same in both Ninth and Second Circuits
  • McDermott Will & Emery
  • USA
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium