Crazy for Fair Use
November 02, 2015
The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
Four Essential iPad Deposition Apps
November 02, 2015
While iOS devices have inspired the development of dozens of trial-related apps, the fact remains that many cases are essentially won and lost in deposition. Although deposition-oriented apps remain far scarcer than trial offerings, mobile attorneys toting iPads can turn to several useful apps to help them handle various deposition-related tasks easily and flexibly from almost anywhere.
Mobile App Developer Agreements
November 02, 2015
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful 'remedies to problems that arise.
Judicial Trend in Supporting Domain Name Registries' Takedown Policies in Cybersquatting Disputes
November 02, 2015
GoDaddy.com has now prevailed as defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, the plaintiffs sought to hold GoDaddy liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. Although the factual circumstances underlying the claims are different, the principal reason for the plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
Fifth Amendment Does Not Extend To 'Digital Person'
November 02, 2015
An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups 'behaving badly.
Dispositive Questions Every Law Firm Should Ask of the Cloud
November 02, 2015
Cloud service providers (CSPs) offer myriad choices to law firms of all sizes who, in return, have become one of the fastest adopters of hosted cloud infrastructure worldwide. Nonetheless, asking the right questions is essential to learning cloud limitations, similarities, differentiators, caveats and benefits. From niche providers to the top five, not everything is as it seems when it comes to what is offered, how it's offered, and the up-front and hidden costs of each.
Second Circuit 'Affirms Fair Use
November 02, 2015
On Oct. 16, in <i>Authors Guild v. Google,</i> the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.
Safe Harbor European Court Data Protection Ruling
November 02, 2015
On Oct. 6, the 'European Court of Justice gave a very important judgment about EU data protection law, where it ruled that the EU Safe Harbor regime is invalid, and National EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S. All U.S. business transferring personal data from the EU need to take note of this judgment.
Safe Harbor for Service Providers under the Anticybersquatting Act
November 02, 2015
GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
