IP/Internet Transactions

How And Why Aereo Got To The Supreme Court

Note: This blog is cross-posted from Law360.com with permission from Portfolio Media, Inc.

This spring, the U.S. Supreme Court will hear arguments in a case that could have significant impacts on several segments of the television industry. While it may seem unusual that a dispute centered on dime-sized antennas would capture the attention of the high court, the case captioned American Broadcasting Companies Inc. v. Aereo Inc., on certiorari from the Court of Appeals for the Second Circuit, sits in the context of a half-dozen pending litigations across the country; it also tests both the boundaries of a Second Circuit decision that the court refused to hear five years ago, and the language that Congress drafted over 35 years ago. Continue reading

“Focus on IP Law: A Conversation with Eleanor M. Lackman, Mary E. Rasenberger, & Nancy Wolff.”

More Than a Registrar: “Parked Pages” Program Leads Court to Deny Domain Name Registrar GoDaddy.com Safe Harbor Protection from Claims under the Anticybersquatting Consumer Protection Act (ACPA)

On June 21, 2013, a Central District of California court refused to extend ACPA safe harbor protection to popular domain name registrar GoDaddy.com, finding that it intended to profit from the registration and maintenance of various domain names that encompassed plaintiff Academy of Motion Pictures Arts and Sciences’ OSCAR, OSCARS, OSCAR NIGHT, ACADEMY AWARD and ACADEMY AWARDS registered trademarks. Continue reading

Southern District Not Buying Digital Music Marketplace

“Reseller” ReDigi Rebuffed by New York Judge

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’ motion for summary judgment late last month. Continue reading

Copyright In the Data Age: Nancy E. Wolff to Lead Discussion

CDAS Partner Nancy E. Wolff is one of the attorneys leading the session New Cases in Copyright Law – Internet and Beyond at the Fundamentals of Copyright Law in the Data Era event in Chicago and New York. The discussion will cover all the major recent copyright decisions. See below for a full event description: Continue reading

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 (2d Cir. 2008) (commonly referred to as the Cablevision decision). WNET v. Aereo, Inc., Nos. 12-2786-cv & 12-2807-cv (2d Cir. Apr. 1, 2013). The Aereo ruling deals a blow to the standard cable licensing model and may have impacts beyond television distribution alone. While a similar case pending in the Ninth Circuit will provide a better understanding of how the legal landscape surrounding retransmission of television content may change, and while the case involved a preliminary injunction rather than findings on a full record, it is important to understand the underpinnings and messages from the Aereo decision. As the Aereo court itself noted, technology companies are paying attention to these cases – and developing accordingly. Continue reading

Columbia Pictures Industries v. Fung: IsoHunt Found Liable for Contributory Infringement

Ninth Circuit Affirms Summary Judgment in Favor of Movie Studios in Torrenting Case

The United States Court of Appeals for the Ninth Circuit substantially affirmed a district court judgment in favor of several film studios in Columbia Pictures Industries v. Fung, holding on March 21st, 2013 that the defendant was liable for contributory copyright infringement because its bittorrent hosting service, known as isoHunt, induced third parties to download infringing copies of the studios’ copyrighted works. The Ninth Circuit also held that the defendant was not entitled to protection from liability under any of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). Continue reading

Apple Inc. v. Superior Court of Los Angeles ex rel Krescent: California Struggles with the Digital Transition

Case Examines Applicability of Credit Card Act to Digital Transactions

In Apple v. Superior Court of Los Angeles ex rel Krescent, the Supreme Court of California examined whether online transactions fall within the scope of a 1971 credit card act that prevents retailers in California from requesting personal identification information. An important milestone in what is likely to be an extended wave of decisions in this area, the case explores the tension between consumer privacy concerns against measures to combat online transaction fraud within the framework of outdated legislation.
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Facebook Introduces Graph Search, Privacy Challenges Possible

Facebook recently unveiled “Graph Search,” an innovation designed to help users find and connect their friends by their interests, shared history, and past activity on the social networking platform. The new feature, which will begin beta testing soon, greatly expands the search capabilities of the Facebook platform in a move some commentators speculate may help it compete with Google in the search business area. The Wall Street Journal has a rundown of Graph Search’s functionality here. Continue reading