Second Circuit: Cablevision DVR Does Not Directly Infringe Copyright By Stephanie Weiner — Edited by Andrew Ungberg The Cartoon Network LP v. CSC Holdings, Inc. Second Circuit, August 4, 2008, 07-1480-cv(L) & 07-1511-cv(CON) Slip Opinion (also hosted at the EFF) On August 4, the Second Circuit reversed the District Court for the Southern District of New York, ruling that Cablevision’s “Remote Storage” Digital Video Recorder system (RS-DVR) does not infringe the copyrights of the various broadcast and cable channels that ... Read More...

Sixth Circuit Affirms Conviction of Counterfeit DVD Importer  By Dmitriy Tishyevich – Edited by Nicola Carah  United States v. Teh Sixth Circuit, July 31, 2008, No. 06-2371  Slip Opinion  On July 31, the 6th Circuit affirmed the conviction of Thiah Teh, who was indicted after airport officials searched his luggage and found what appeared to be 756 counterfeited DVDs and 284 counterfeited DVD sleeve packages.  Teh was found guilty and sentenced to one year of probation under 18 U.S.C. § 545, which ... Read More...

District Court Declares Purchasers of Software to Be Licensees By Anna Volftsun — Edited by Joshua Gruenspecht MDY Industries, LLC v. Blizzard Entertainment, Inc. et al. District Court of Arizona, July 14, 2008, No. CV-06-2555-PHX-DGC Order (via Justia) The District Court of Arizona entered a summary judgment motion finding that MDY Industries, LLC (“MDY”), creators of a software program called WoW Glider (“Glider”), were liable for contributory and vicarious copyright infringement because their program loaded a copy of a copyrighted ... Read More...

District Court Compels Disclosure of YouTube User Logging Records, Protects Source Code By Jay Gill — Edited by Sarah Sorscher Viacom International, Inc. v. YouTube, Inc. S.D.N.Y., July 1, 2008, No. 07 Civ. 2103 Order (Provided by Justia) The District Court for the Southern District of New York partially granted a discovery motion made by Viacom in its copyright suit against YouTube and YouTube’s parent company Google. The order compels Google to produce the contents of YouTube’s logging database, including ... Read More...

Eleventh Circuit Applies Copyright Act’s Collective Works Provision to CD-ROM Collection By Dmitriy Tishyevich — Edited by Andrew Ungberg Greenberg v. National Geographic Society 11th Circuit, June 30, 2008, No. 05-16964 Slip Opinion On June 30, the Eleventh Circuit issued a divided en banc opinion, affirming by a 7-5 vote the panel decision in Greenberg II, which had vacated Greenberg I. Writing for the majority, Judge Barkett held that National Geographic was privileged to reproduce its print issues. Section 201(c) ... Read More...