DMCA

Hunting for the Logic of FSC v. Paxton

The categories “obscene as to minors” and “pornography” are not synonymous, and this decision threatens a wide array of valuable albeit adult-oriented content. And even if this case were limited to porn, you should still care because the disingenuous manner in which the Court reaches its result threatens the integrity of First Amendment jurisprudence as…

Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedIn  

The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.

Sixth Circuit Rules That Anonymous Speaker May Preserve Anonymity Even After Plaintiff Wins Judgment

User Generated Content: Snapshot of Legal Issues

Allowing users to post content can raise a host of legal issues, including copyright and trademark infringement, libel/defamation, rights of publicity/privacy and false advertising. This brief snapshot will provide an overview of some of the key issues raised by engaging with UGC.

Extent of ISPS’ Duties to Prevent Infringement (DMCA §512(I))

To protect ISPs that act with no direct or effective knowledge of its users' infringing activities from copyright infringement lawsuits, Congress passed the Digital Millennium Copyright Act.

Link Liability – An EU/US Comparison and Guide

Generally, in the United States, the act of linking to material that is either copyrighted or defamatory does not, on its own, carry liability. In Europe, however, the analysis has recently become significantly more complex.

Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

DMCA Protects Website Operator from Postings Made by Independent Contractors

Circuit Retcons Its “Dancing Baby” Fair Use Decision and Creates More Confusion

A Brief Description of the Digital Millennium Copyright Act

The DMCA was designed to bring U.S. copyright law squarely into the digital age and to facilitate the robust development and world-wide expansion of electronic commerce, communications, research, development, and education.