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Federal Judge Gives Clues in YouTube Infringement Case
A cross-coastal ruling in the little-known predecessor of the epic suit filed in March by Viacom International, Inc. against YouTube, Inc. and its new parent, Google, Inc., elucidates key issues arising under the Digital Milleneum Copyright Act ('DMCA') that the a New York federal district judge will likely focus on in the much anticipated and ballyhooed litigation.
In Robert Tur d/b/a Los Angeles News Service v. YouTube, Inc., CV 06-4436 FMC (C.D., Cal.; June 20, 2007), California federal District Judge Florence-Marie Cooper denied defendant YouTube's partial summary judgment motion seeking dismissal of plaintiff's complaint under Section 512(C) of the DCMA, a safe harbor provision. Judge Cooper found that a more thorough investigation was required to determine how much control YouTube exerted over the Web site in assessing whether the famous site qualifies as a 'service provider' to trigger the statute's safe harbor provision.
The Facts
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.