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Archive for the ‘2nd Circuit Decisions’ Category

Blogger’s Threats Toward Judges Not Protected Speech, Second Circuit Holds

United States v. Turner
By Michelle Goldring – Edited by Samantha Rothberg

The Second Circuit affirmed the E.D.N.Y.’s conviction of Harold Turner for “threatening to assault or murder” Seventh Circuit Judges Easterbrook, Bauer, and Posner on the basis of his blog posts about a decision the three had made regarding the Second Amendment. Turner, slip op. at 2­–3.  The Second Circuit upheld that Turner’s conduct constituted “a true threat [that] was unprotected by the First Amendment.” Id. at 16.

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Posted On Jun - 30 - 2013 Comments Off READ FULL POST

Entrepreneur “Owns” Oprah as Second Circuit Reinstates Trademark Suit

 Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

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Posted On Jun - 18 - 2013 Comments Off READ FULL POST

Second Circuit Affirms Streaming Broadcast TV Not Copyright Infringement

WNET, Thirteen v. Aereo, Inc.
By Natalie Kim – Edited by Samantha Rothberg

Last Wednesday, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s July 2012 denial of a preliminary injunction motion filed against Aereo by several broadcast TV networks.

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Posted On Apr - 10 - 2013 Comments Off READ FULL POST

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
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