Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away
- In a closely watched case, the U.S. Supreme Court ruled today in a 6-3 decision that Aereo’s Internet streaming service engages in unauthorized public performances of broadcast television programs in violation of the Copyright Act, reversing the Second Circuit’s decision in American Broadcasting Companies,... ›
Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent
By: Aaron P. Rubin
The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users. To receive this protection, service providers must designate an agent... ›Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.
The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3... ›Which Way is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case
In a case that could have a broad impact on how companies deliver content to consumers, the Supreme Court heard oral argument on April 22 in American Broadcasting Companies, Inc. v. Aereo, Inc. (No. 13-461). At issue is whether Aereo’s service engages in public performances under... ›- - First Amendment, DMCA, Privacy, topics/undefined, Copyright, Employment Law, Discovery, Litigation, Wearable Computers
Hot Off the Press: The April Issue of Our Socially Aware Newsletter Is Now Available
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award -winning guide to the law and business of social media, we summarize the current status of various state laws restricting employer access... › The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites
By: Alistair Maughan
On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)— decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs) requiring the ISPs to block access to pirate websites illegally... ›Copyright: Europe Explores its Boundaries: Part 1: Link Hubs
INTRODUCTION This year, as the world celebrates the 25 th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law. By coincidence, this year we also anticipate a rash of UK and European legislative... ›Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims; Decision Puzzles Copyright Attorneys
By: J. Alexander Lawrence
An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative Hollywood scriptwriter could invent. Cindy Lee Garcia... ›Keeping Privates Private: The Legal Landscape of Revenge Porn
By: Jessica Kaufman and Aaron P. Rubin
Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and connection-through-sharing to levels unparalleled at any point in history.... ›The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance
Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of New York on copyright claims brought by broadcast television... ›