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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.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?