Viacom's Lawyers In the YouTube DMCA Litigation
Paul Smith of the Washington, DC, office of Jenner & Block wasn't supposed to be the one standing before a panel of appellate judges last October, trying to convince the U.S. Court of Appeals for the Second Circuit to revive Viacom's $1 billion infringement suit against YouTube and Google.
Features
Five-Factor Test Applied To Subpoenas Seeking File Sharer Identities
Internet service providers have to disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie, a federal judge ruled in a copyright infringement suit.
How Restoring U.S. Protection to Foreign Copyrights Affects Media Uses
Golan's potential fallout, namely, increased pressure on Congress to enact reforms for "orphan works," which are older and more obscure works with minimal commercial value that have copyright owners who are difficult or impossible to track down.
Features
The Business of Branding: Is New Media Still 'New'?
Responsive web design, startup incubators and mobile payments are three progressive products and services that aren't necessarily "new" media, but can be considered new enhancements that aid growth, advancement and understanding.
C&J Vantage Leasing Co. v. Wolfe: One Year Later
In March 2011, the Iowa Supreme Court sent ripples of concern, if not terror, throughout the equipment lease finance industry with an unprecedented decision refusing to afford finance lease status to a contract between a finance company and a commercial end user, notwithstanding the fact that the parties had expressly agreed to such treatment in their written documents. Fortunately, while the <i>C&J Vantage</i> opinion may have closed a door for equipment finance companies, it opened a window. The decision's mischief-making potential is mitigated by another holding in the same opinion.
Features
<b>Decision of Note</b> Statute of Fraud Bars Agency Counterclaim
The U.S. District Court for the Southern District of New York ruled that the statute of frauds barred a counterclaim alleging breach of an oral agency agreement by songwriter/performer Akon to pay the agency commissions and reimbursement of the musician's travel expenses.
Features
Second Circuit Revives Copyright Case Against Google, YouTube
Viacom International got a second shot at proving that Google's YouTube massively infringed its copyrights by hosting clips from shows like The Daily Show and Family Guy without its permission. And whether Viacom and its lawyers succeed or not, they've already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.
U.S. Reaches Settlement With Publishers over Alleged e-Book Scheme
As the U.S. Department of Justice (DOJ) prepares to battle Apple over alleged price-fixing in the electronic books market, top department officials said they are hopeful consumers will benefit from the settlement reached with three publishers.
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