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NY District Court Adds to Confusion Surrounding Embedding
In the rapidly changing environment surrounding the legal issue of embedding (a type of inline linking that displays images and videos hosted somewhere other than the current publisher's servers), the U.S. District Court for the Eastern District of New York has added another ruling that places the liability associated with such behavior in uncertain waters. On Nov. 2, 2020, the court dismissed plaintiff Michael Barret Boesen's Complaint against United Sports Publications, Ltd. (USP) on the grounds that it failed to allege a claim for which relief could be granted under Rule 12(b)(6). Boesen v. United Sports Publs., Ltd., No. 20-CV-1552 (ARR) (SIL), 2020 U.S. Dist. LEXIS 203682 (E.D.N.Y. Nov. 2, 2020)
Embedding social media has been a commonplace practice for years. Indeed, it is still commonplace to see Instagram and twitter posts embedded throughout other publishers' content. Such a practice seemed safe under the Ninth Circuit's "server test" adopted in Perfect 10, Inc. v. Amazon.com, Inc, 508 F.3d 1146 (9th Cir. 2007). However, in recent years, the notion that embedders may be liable as copyright infringers has resurfaced as courts outside of the Ninth Circuit address the issue. See, e.g., Goldman v. Breitbart News Network LLC, 302 F. Supp. 3d 585, 590 (S.D.N.Y. 2018); Leader's Inst., LLC v. Jackson, No. 3:14-CV-3572-B, 2017 U.S. Dist. LEXIS 19355, 29-30 (N.D. Tex. Nov. 22, 2017); McGucken v. Newsweek LLC, No. 19 Civ. 9617 (KPF), 2020 U.S. Dist. LEXIS 96126 (S.D.N.Y. Jun. 1, 2020).
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.