Posts Tagged ‘copyright’

UsedSoft v. Oracle article published by Society for Computers and Law

I’m really pleased to have had my review of the Court of Justice’s seminal UsedSoft v. Oracle decision published by the prestigious Society for Computers and Law.  Click the image to go there.

Some recent copyright articles

I haven’t been able to write here for some time, but I have been writing elsewhere.  Here’s a list of my recent copyright articles, with links.  A list of my recent trade mark publications is here, and there’s a full list of all publications here. “EU Court Ruling Chips Away At Software Copyrights,” quoted, Law [...]

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 [...]

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Pinterest’s New Terms Expand Indemnity, Ban Commercial Use, Prevent Users Suing Cold Brew Labs

On Saturday, March 24, 2012, Pinterest emailed users to say it was updating its Terms of Service.  Make no mistake – this is a pretty significant re-write, and kudos to Pinterest for making both sets readily available so we can compare and contrast them.  The “proposed” terms come into effect on April 6, 2012 and [...]

New Year fireworks

Happy New Year!

A quick note to mark the passing of 2011 and the start of 2012. Thank you all for reading and commenting here (and on Twitter) on the stories that have been reported on these pages. I’m looking forward to posting much more in 2012. There has been plenty to contemplate in the last 12 months [...]

Streaming Is Not Renting

Silicon Valley DVD-rental company Zediva has suffered a major blow to its business, which is on the wrong end of an injunction from the District Court in Los Angeles. Zediva was sued by the MPAA for the unauthorized streaming of movies after it began taking “rental” orders for DVDs which its employees would pick off [...]

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 [...]

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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 [...]