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Archive for the ‘2nd Circuit Decisions’ Category

Ninth Circuit Affirms DMCA Safe Harbors for Streaming Video Providers

UMG v. Veoh
by Pio Szamel ­– Edited by Jacob Rogers

The Ninth Circuit affirmed the Federal District Court for the Central District of California, which had granted summary judgment finding that the streaming-video host Veoh was protected by the safe harbor provisions of the Digital Millenium Copyright Act (“DMCA”) and dismissed additional infringement claims against Veoh’s investors.

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Posted On Apr - 1 - 2013 Comments Off READ FULL POST
Second Circuit Holds that Goldman Sachs’s Proprietary Source Code Is Intangible Property under the NSPA By Laura Fishwick – Edited by Lauren Henry United States v. Aleynikov, No. 11-1126, 2012 WL 1193611 (April 11, 2012). Slip Opinion The Second Circuit reversed the holding of the District Court of the Southern District of New York, and found that source code is not a good, ware, or merchandise under the National Stolen Property Act (“NSPA”), a criminal statute that applies to anyone ... Read More...
Posted On Apr - 19 - 2012 Comments Off READ FULL POST
Second Circuit Ruling Leaves Open Possibility That YouTube Is Not Protected By Safe Harbor By Jacob Rogers – Edited by Julie Dorais Viacom Int’l, Inc., Football Ass’n Premier League Ltd. v. YouTube, Inc., Docket No. 10-3270-cv (2nd Cir. April 5, 2012) Slip Opinion The Second Circuit partially affirmed and partially reversed a decision by the U.S. District Court for the Southern District of New York, granting summary judgment to YouTube on all claims of direct and secondary copyright infringement brought ... Read More...
Posted On Apr - 10 - 2012 Comments Off READ FULL POST
Second Circuit Rules First Sale Doctrine Only Applies to Goods Manufactured Domestically By Heather Whitney – Edited by Chinh Vo John Wiley & Sons v. Kirtsaeng, No. 09-4896-cv (2d Cir. Aug. 15, 2011) Slip Opinion After the Supreme Court’s non-precedential decision in Costco v. Omega, 131 S.Ct. 565 (2010), it is no surprise that the nexus of the first sale doctrine and works manufactured outside of the United States remains in flux.  In Wiley, the Second Circuit affirmed the judgment ... Read More...
Posted On Sep - 21 - 2011 Comments Off READ FULL POST
Second Circuit Holds that Submission of Entire Copyrighted Work in Judicial Proceedings Constitutes Fair Use By Kaethin Prizer – Edited by Esther Kang Hollander v. Steinberg, No. 10-1140-cv (2d Cir. Apr. 5, 2011) Summary Order hosted by Scribd.com The Second Circuit affirmed the decision of the District Court for the Eastern District of New York, which had granted summary judgment in favor of the defendant in a copyright infringement suit. The Second Circuit applied the traditional four-factor fair use test, ... Read More...
Posted On Apr - 15 - 2011 Comments Off READ FULL POST
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