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Any port in a storm: Australian Government reviews safe harbour laws
  • Clayton Utz
  • Australia
  • October 17 2011

A new consultation paper, Revising the scope of the copyright ‘safe harbour scheme’, proposes remedying a gap in the safe harbour provisions of the Copyright Act.

U.S. district judge finds cloud music storage service can be protected by safe harbor provisions of the DMCA
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • September 28 2011

On August 22, 2011, the Southern District of New York (Pauley, J.) issued an important opinion regarding the eligibility of cloud music storage services for safe harbor under the Digital Millennium Copyright Act (DMCA) in Capitol Records, Inc. v. MP3tunes, LLC (No. 07-Civ 9931).

Insights on the application of the safe harbor rule in the PRC Internet industry
  • Morrison & Foerster LLP
  • China
  • September 15 2011

In recent years, U.S. Internet service providers (“ISPs”) such as Google, Yahoo, and YouTube have been challenged in U.S. courts by copyright owners alleging that materials hosted on the ISPs’ websites infringe on the owners’ rights.

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.

Google in the news
  • Shepherd and Wedderburn LLP
  • Global
  • July 14 2011

Defeat in a recent libel case in Italy has given Google a headache over the output of its 'autocomplete' function, Google Instant.

Google's autocomplete is defamatory in Italy - could it happen in Australia?
  • Clayton Utz
  • Australia, Italy
  • April 18 2011

An Italian court, the Tribunale Ordinario di Milano, has found Google liable for defamation because its autocomplete suggestions paired the plaintiff's name with defamatory key words, raising the question of whether such a case could succeed here in Australia.

FTC and Google - proposed settlement over "Buzz"
  • Reed Smith LLP
  • USA
  • April 1 2011

Google, Inc agreed to a proposed consent order over charges that it used deceptive tactics and violated its privacy promises to consumers when it launched its social network, Google Buzz.

Google faces French copyright fine for not removing infringing videos
  • Davies Collison Cave
  • France
  • March 24 2011

Less than two weeks after Attorney-General Robert McLelland flagged the expansion of Australia's safe-harbour protections to include user-generated content distributors such as Google and Yahoo!, a Paris appeals court has found that Google infringed the copyrights of three documentary producers and an unidentified photographer, despite the availability of a similar 'mere conduit' defence under the European Directive on Electronic Commerce.

Privacy remains at the forefront
  • Reed Smith LLP
  • USA
  • February 16 2011

Last week saw a flurry of activity on the privacy front, likely unprecedented at least in recent history.

Employment law counseling & training tip of the month
  • Proskauer Rose LLP
  • USA
  • January 28 2011

How can employers offer wellness programs to employees which include disease management and mandatory Health Risk Assessments or make requests for medical information needed to grant their employees leave under the Family and Medical Leave Act (FMLA) or accommodations under the Americans with Disabilities Act (ADA) without violating the Genetic Information Nondiscrimination Act of 2008 (GINA)?