Capitol Records v. MP3tunes: Viacom v. YouTube Causes Court to Reconsider Ruling, Send Parties to Trial

In a decision that is largely favorable to copyright owners, Judge Pauley of the Southern District of New York granted in part a motion by plaintiffs EMI, Inc. and fourteen other record companies (together, “EMI”) requesting reconsideration of its 2011 decision in Capitol Records, Inc. v. MP3tunes, LLC, which dismissed most of EMI’s contributory copyright

Padmapper Case: Craigslist Permitted to Proceed Against Republishers of Its Content

In Craigslist Inc. v. 3Taps Inc. et al., the U.S. District Court for the Northern District of California refused to dismiss many of the claims brought by Craiglist against several republishers of its user content based in part on its broad terms of use, turning on whether user content was exclusive to the online classified

Eleanor M. Lackman Authors Amicus Brief on Behalf of Copyright Alliance in Aereokiller Case

CDAS Partner Eleanor M. Lackman authored an amicus brief on behalf of the Copyright Alliance in the Ninth Circuit case Fox Television Stations v. Aereokiller. In the brief, Ms. Lackman argues on behalf of The Copyright Alliance that The Copyright Alliance argues in the brief that district judge George Wu was correct in granting an injunction against Aereokiller, a service

YouTube Stays Safe under DMCA “Safe Harbor”

For the second time in three years, the U.S. District Court for the Southern District of New York determined, in Viacom v. YouTube, that YouTube qualified for and was shielded from copyright infringement liability by the Digital Millennium Copyright Act (“DMCA”).

CDAS Client 10X Management Featured in Bloomberg Businessweek

CDAS Partner Joshua B. Sessler’s client 10X Management is featured in a great story in Bloomberg Businessweek. 10X represents top freelance software programmers, pairing them with Silicon Valley companies, negotiating their salaries, and helping to manage their finances.

Southern District Not Buying Digital Music Marketplace

Founding executive editor of Wired Magazine Kevin Kelly once observed that, at its core, the Internet is the world’s largest copying machine and that the digital economy has been built on a stream of copies. Unfortunately for the hopes of digital music reseller ReDigi, Judge Sullivan of New York’s Southern District agreed, granting Capitol Records’

Ora TV Buys Stick Figure Productions

Ora TV, the digital network backed by Carlos Slim, today announced that it has purchased CDAS client Stick Figure Productions, a specialist in documentaries and unscripted television production. Stick Figure, represented by CDAS partner Frederick P. Bimbler, has produced over 250 hours of television for more than 40 networks including: “American Gypsies,” “Repossessed” and “Amish: Out

WNET v. Aereo: Split Appellate Panel Rules That “Remote-Storage DVR” Decision Insulates Provider of Internet Streaming from Liability

On April 1, 2013, the U.S. Court of Appeals for the Second Circuit handed down a 2-1 decision affirming a lower court’s ruling that a broadcast television retransmission system was unlikely to be liable for copyright infringement due to the Second Circuit’s holding in Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121

Associated Press v. Meltwater: Associated Press Scores Significant Copyright Victory

The Associated Press scored a significant victory this past week in a case indicating that the scales may be beginning to tip in favor of content owners in the battle over online copyright infringement. In Associated Press v. Meltwater, the United States District Court for the Southern District of New York granted plaintiff The Associated

FTC Issues New Guideline Report for Online and Mobile Advertising Disclaimers

The Federal Trade Commission (“FTC”) issued new guidelines this week for media outlets, advertisers, brands, celebrity brand spokespeople and other parties advertising products online. The report, titled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” builds upon the FTC’s previous report on digital marketing practices, issued in 2000. In addition to emphatically clarifying