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DMCA 'Safe Harbor' Consensus Among Circuits Evolves
The Ninth Circuit recently issued an important ruling in UMG Recordings, Inc. v. Veoh Networks, Inc. , 2013 U.S. App. LEXIS 5100 (9th Cir. March 14, 2013) ( Veoh 2 ), relating to the Digital Millennium Copyright Act (DMCA) 'safe harbor' protection under 17 U.S.C. '512(c). After the Second Circuit's ruling in Viacom International Inc. v. YouTube, Inc. , 676 F.3d 19 (2d Cir. 2012) ( Viacom ), the Ninth Circuit withdrew its opinion in UMG Recordings, Inc. v. Shelter Capital Partners LLC , 667 F.3d 1022 (9th Cir. 2011) ( Veoh 1 ) and granted a petition for rehearing that resulted in the superseding the Veoh 2 case ruling in March.
The Ninth Circuit is now much closer to the Second Circuit's ruling in the Viacom case with respect to the substantive legal aspects of DMCA Section 512(c), even though the Ninth Circuit, in both the Veoh 2 and Veoh 1 cases, agreed with and affirmed the district court's ruling respecting Section 512(c). Arguably, there is now a consensus between the Second and the Ninth Circuits' treatment of the substantive aspects of Section 512(c) based on the matters addressed in the Veoh 2 case.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.