First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)
- Under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online material. Section 512(f) aims to deter abuse of the DMCA requirement that... ›
Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping
By: Mercedes Samavi
Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of data from public websites using... ›Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on Deceased-User Accounts
By: Aaron P. Rubin
It’s often said that, when it comes to regulating technology, U.S. laws aren’t up to speed. That includes U.S. trusts and estates laws, which, in many cases, do not say much about what happens to your digital assets after you die. Unless you or your... ›With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close
By: J. Alexander Lawrence
In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation... ›Twenty Years Down the Road: A Q&A With Paul Goldstein, Author of Copyright’s Highway
More than two decades have passed since internationally recognized copyright law expert and award-winning novelist Professor Paul Goldstein of Stanford Law School (and Of Counsel to Morrison & Foerster) published his landmark book, Copyright’s Highway: From Gutenberg to the Celestial Jukebox —a wide-ranging and... ›Oh Snap! Social Media, Snapchat and the Need for Platform-Specific Marketing Strategies
One of the fascinating things about social media is that, from a marketing standpoint, each social media platform offers its own unique set of features and opportunities; as a result, a marketing strategy that proves successful on one platform is likely to be a... ›Status Updates: Social media for minimalists; Pinterest’s plans; Super Bowl XLIX on social
By: Aaron P. Rubin
Social media for minimalists. These days, the information flooding the news feeds on some social media platforms can feel overwhelming and redundant. Take Twitter, for example—a medium whose popularity has resulted in a user experience that technology futurist Nova Spivack compares to “a crowded... ›Social Media 2015: Addressing Corporate Risks
Social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s risk at Practicing Law Institute’s (PLI) 2015 Social Media conference, chaired by Socially Aware editor John Delaney. This year’s program features speakers... ›- - IP
EU Copyright: No Resale of Digital Content Except for Software?
By: Kristina Ehle
How Does the European Court of Justice Decision on Exhaustion of the Distribution Right upon First Sale Impact the Resale of Digital Copies? The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in... › FTC Issues Landmark Report on Internet of Things
The FTC has released its much anticipated report on the Internet of Things (“IoT”) – a topic that has been top-of-mind for many companies. The FTC’s report, “Internet of Things: Privacy & Security in a Connected World” (the “Report”), discusses the benefits and risks... ›