Posts Tagged ‘appeals’

Red Flag

Appeals Court Sides With Viacom, Dismisses YouTube Summary Judgment Claim

The Second Circuit Court of Appeals has just delivered its Opinion in Viacom v. YouTube, and it has held, unanimously, that YouTube is not entitled to summary judgment on Viacom’s $1bn copyright claim.  The decision reverses the Southern District of New York’s finding that YouTube didn’t need to go to trial to determine whether it was [...]

Red Flag

Viacom Counters YouTube’s “1-in-a-billion” Red Flag and “Unlimited Storage” Arguments

YouTube does not cite the relevant DMCA language in its latest series of arguments because it has no answer to it, according to the reply letter brief filed yesterday in the Second Circuit by Viacom and The Football Association (et al.).   In October, the parties in Viacom’s $1bn copyright lawsuit against YouTube for historic [...]

Viacom’s Reply to YouTube DMCA Additional Arguments Is In

Fresh off Justia this morning is Viacom and The Premier League’s reply to YouTube’s court-ordered letter brief, as covered here.  A copy of the filing in the Second Circuit is below and is well worth a read.  Comments will follow later today. Viacom v. YouTube – Pls.’ Post Argument Brief (10-3270)

Viacom v. YouTube – YouTube’s Post Argument Brief on “Storage” and “Red Flag Knowledge”

Here’s YouTube’s post-argument brief on the extent of the “storage” exemption from liability under the DMCA, and clarification of how their assessment of  knowledge under the statute can operate in a “red flag” regime.  Comments will follow in due course, but an initial review suggests a slight rowing back from the position adopted at the [...]


UPDATED: Viacom v. YouTube: Second Circuit Asks YouTube To Clarify Its Position On Storage and Red Flags

This is pretty big breaking news from New York.  After last week’s oral argument in Viacom v. YouTube (2d. Cir. 10-3270), the Second Circuit has reportedly asked YouTube two questions regardings its affirmative defense under 17 U.S.C. § 512(c)(1) (the DMCA) to Viacom’s copyright infringement claims. According to Twitter GC @amac, from whom I got [...]

Now We Know Who Will Hear Viacom v. YouTube Appeal in Second Circuit

Have you been wondering who is going to decide Viacom’s Appeal against Judge Louis Stanton’s summary judgment opinion in their $1bn lawsuit against YouTube?  Me too; and now we know. The Second Circuit has this morning updated its calendar for next week and informs us that the Panel hearing the appeal at the Federal Courthouse [...]

Federal Circuit Reverses Southern District of New York: Myriad’s BRCA Gene Patents Revived

In a decision that is already attracting plenty of controversy, comments, compliments and complaints, the Court of Appeals for the Federal Circuit has held that isolated human DNA molecules are patentable, and were validly patented by Myriad, under the (US) Patents Act.  See Association for Molecular Pathology et al. v. Myriad Genetics, Inc et al. (Case [...]


Microsoft and US Patent Attorneys Among Winners at SCOTUS

Microsoft’s recent (US) Supreme Court defeat at the hands of Canada’s i4i will cost them almost US$300m in damages for willful infringement of the latter’s XML patent.  But in the longer term, the Court’s refusal to lower the burden of proof in challenges to a patent’s validity is good news for businesses with important patent [...]

Star Wars appeal heard by UK Supreme Court

Despite a flurry of comments about epic (even intergalactic) battles between good and evil, Lucasfilm’s copyright appeal against prop designer Andrew Ainsworth has been heard by the UK Supreme Court with very little media coverage.  So, in case you missed it, here’s the scoop.

Second Circuit amends Local Rules

The Court of Appeals for the Second Circuit has amended its Local Rules to provide for expedited appeals in some cases, and to reduce the amount of time for parties to file their main briefs.  Both take effect on December 15, 2010. Expedited Appeals According to the Clerk’s office: “Effective December 15, 2010, pursuant to [...]