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1 Aug 2023, 9:34 am by Eric Goldman
By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. [read post]
28 Oct 2013, 9:44 am by Terry Hart
• • • Incentives to share: why copyright continues to play a role online was originally posted on Copyhype • • • FootnotesABC v Aereo, No. 12-Civ-1540(AJN), order denying preliminary injunction (SDNY, July 11, 2012).Harper & Row, Publishers, Inc. v. [read post]
22 Nov 2013, 7:02 am by Steven Buchwald
  And of course, even if your lawyer approves your fair-use proof business, you might still get embroiled in litigation because, sadly, even the best legal arguments in your support will not keep incumbents from suing you; just look at the multiple suits and appeals against Aereo despite systematic favorable decisions green-lighting their technology. [read post]
8 Jun 2014, 5:30 am by Barry Sookman
Fastcase http://t.co/Jycdivdq8o -> CJEU on Right of newspaper to copy photos Eva-Maria Painer v Standard VerlagsGmbH http://t.co/PC6hoobIy2 -> We Need to Talk About Aereo: Copyright-Avoiding Business Models, Cloud Storage https://t.co/DoiMKdCgOz -> Disney, golf gear retailer embroiled in copyright dispute https://t.co/0LZtduRD7p -> Patent royalties may exceed $120 per smartphone, undermine industry profitability: working paper http://t.co/fpdNiqB7oC -> Should We Centralize… [read post]
11 Feb 2016, 6:54 am by Eric Goldman
Sadly, I’m not sure what’s left of this ruling after the Supreme Court’s 2014 Aereo ruling, but the ruling still has a central place in my Internet Law reader. 2009: FTC Endorsement Guidelines for Bloggers The FTC hates ads masquerading as editorial content, and their decades-long quest to squelch it led to 2009 guidance telling bloggers to stop accepting undisclosed freebies because the resulting blog posts were effectively ads. [read post]
18 Nov 2021, 10:53 am by Cristina Mariottini
The following comments are also featured: Marco Argentini, PhD Candidate at the University of Bologna, I criteri di radicamento della giurisdizione italiana nei contratti di trasporto aereo transnazionale (The Criteria for Establishing Italian Jurisdiction in Contracts for International Carriage by Air) This article analyses the rules to identify the competent courts, in the field of international air carriage contracts, for passenger claims aimed at obtaining the flat-rate and standardised… [read post]
2 Nov 2014, 5:00 am by Barry Sookman
Denturist Association 2014 FC 989 http://t.co/LHpgGeD81X -> Overdue legislative action threatens existence of made-in-Alberta privacy laws http://t.co/Z4TKKX09mA -> WIPO Director General Talks on Innovation at Geneva Event http://t.co/v9N3nTm9nC -> More Misleading Hype about the IP Chapter of the TPP: Forbes' Katheryn Thayer http://t.co/plCrUzOTTm -> No Lemonade For Aereo’s Lemons http://t.co/317SMDqFo5 -> How Spooky Is It? [read post]
28 Jan 2015, 8:05 am by David Oxenford
  This proceeding, prompted by developments in the Internet video industry (like Aereo and the many other new services like DISH’s SlingTV, proposing to deliver cable networks to consumers using IP technologies) is bound to prompt significant comment, and quite probably controversy. [read post]
22 Nov 2013, 7:02 am by Steven Buchwald
  And of course, even if your lawyer approves your fair-use proof business, you might still get embroiled in litigation because, sadly, even the best legal arguments in your support will not keep incumbents from suing you; just look at the multiple suits and appeals against Aereo despite systematic favorable decisions green-lighting their technology. [read post]
25 Nov 2013, 8:13 am by Glenn
That’s typically just as true for Uber and its ride-hailing competitors as it is for Aereo, Hulu, Netflix and other streaming video — or over the top (“OTT”) — Internet television services. [read post]
22 Nov 2013, 7:02 am by Steven Buchwald
  And of course, even if your lawyer approves your fair-use proof business, you might still get embroiled in litigation because, sadly, even the best legal arguments in your support will not keep incumbents from suing you; just look at the multiple suits and appeals against Aereo despite systematic favorable decisions green-lighting their technology. [read post]
9 Jul 2014, 5:30 am by Barry Sookman
http://t.co/iO32r9mNd0 -> Applying Aereo: The Supreme Court’s Reasoning http://t.co/uO9VL1JePC -> Legislative Summary of Bill S-4: An Act to amend the Personal Information Protection and Electronic Documents Act http://t.co/XoZ7hvqvN8 -> An Interview with Andrew Shaw of PRS for Music on Negotiating with Google http://t.co/MQdAPT3g9x -> RT @eloisegratton: Ex-Facebook Data Scientist: Every Facebook User Is Part Of An Experiment At Some Point http://t.co/WrMP0WpSYc via… [read post]
4 Nov 2013, 5:30 am by Barry Sookman
http://t.co/irmHEGEJmR -> Nokia wins patent case against HTC in the UK over patent asserted in 5 countries on 3 continents http://t.co/C5Y2tRJmZi -> Lawmakers blast patent trolls, but split on parts of a key bill http://t.co/0TpxkpgmFv -> Robin Thicke sued by Marvin Gaye family for copyright infringement over Blurred Lines http://t.co/I0TJx3AdpM -> Copyright levy for ISPs violates EU regulation, Belgian government says http://t.co/KovKCp7stl -> Conservatives and libertarians should… [read post]
15 Jan 2015, 9:22 am by David Oxenford
  The full Commission sought comments on the staff decision then (see our article on that request for comments on Sky Angel here and here,) and, with the recent Aereo decision (see our articles here and here) and its aftermath, and the seemingly daily announcement of new online video service offerings from everyone from CBS to HBO to Dish and Disney, the FCC seems now ready to move with this expansion of its authority to cover video on the Internet. [read post]
22 Oct 2016, 4:01 pm by INFORRM
(see ABC v Aereo in the US), while others suggest that in making a strict ruling on copyright, wider benefits to society may be lost (consider theStoererhaftung cases in Germany). [read post]
29 Sep 2014, 11:51 am by Naomi Jane Gray
In it, the court: (1) Denied JMOL as to the jury’s finding of vicarious liability, because the evidence showed that the defendant received a financial benefit from the infringing conduct in the form of an expanded user base and additional subscriptions; (2) Denied JMOL as to the jury’s finding of contributory infringement because the evidence showed the defendant’s constructive knowledge of infringement in a variety of ways; (3) Denied JMOL as to the jury’s finding of… [read post]
22 Nov 2015, 4:00 am by Barry Sookman
  Quebec Class Action in Target Data Breach Not Dead Yet | CyberLexCyberLex https://t.co/zfBff0zL6L -> Judges scorches Merchant Law Group for ‘profoundly unacceptable’ fee arrangements with clients https://t.co/vVqtZi5I1Y -> Operating a music piracy site gets man three years in prison https://t.co/P3aXQS27I4 -> Despite Aereo Supreme Court Ruling, TV Cloud Service CloudAntenna Insists It’s On Solid Legal Ground https://t.co/Do1b8GR1Na -> The cost of… [read post]
17 May 2015, 4:30 am by Barry Sookman
http://t.co/KvptlmhRtn -> Computer and Internet Law Updates for 2015-05-11: What do Periscope and Meerkat mean for broadcasting copyrigh… http://t.co/LJFv4onnBI -> blogged: Computer and Internet Law Updates for 2015-05-11 http://t.co/OmrFn5iw6v -> Court ordering allocation of assets on pro rata basis in Nortel Networks 2015 ONSC 2987 – same result in US http://t.co/fiB2es4Hxd -> Harvard files copyright infringement lawsuit over online study material http://t.co/HOlJcj4gQr… [read post]
9 Feb 2014, 5:30 am by Barry Sookman
http://t.co/NynZ3oAslB -> Using new employer’s credentials to copy former employer’s technology did not violate Computer Fraud and Abuse Act http://t.co/dDpfCt3cnJ -> Announcing Canada’s 6th Annual IP Writing Challenge http://t.co/JvCfjc9Sx9 -> Online review websites and the ACCC http://t.co/QNM1LHNKZa -> Nontransformative, commercial use of earnings call was fair http://t.co/2oGYXjFHau -> Beastie Boys and Toys: Verse 1 (Copyright and Fair Use) http://t.co/ljJ7X7mNH5… [read post]