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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Supreme Court Rejects Challenge to Wireless Wiretapping Law for Lack of Standing

Clapper v. Amnesty Int’l USA
By Samantha Rothberg – Edited by Jacob Rogers

The Supreme Court reversed and remanded the U.S. Court of Appeals for the Second Circuit, which had held that a group of attorneys, journalists and human rights organizations had standing to challenge the FISA Amendments Act on the basis of an “objectively reasonable likelihood” that the plaintiffs’ communications would be intercepted under the law.

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Government Says Megaupload Users Must Pay to Retrieve Their Data By Jacob L. Rogers – Edited by Heather Whitney United States v. Kim Dotcom, No. 1:12CR3 (E.D. Va. June 8, 2012) Kyle Goodwin’s motion for return of property (hosted by EFF) Government reply brief (hosted by Wired) In United States v. Kim Dotcom (“the Megaupload case”), the government has filed a reply brief regarding their responsibility (or lack thereof) to provide third parties their data in a situation where the ... Read More...

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...

Federal Circuit Avoids §101 Analysis in Determining Patent Validity By Jacob Rogers – Edited by Lauren Henry MySpace, Inc. v. Graphon Corp., No. 2011-1149 (Fed. Cir. 2012) Slip opinion The Federal Circuit affirmed Northern District of California’s ruling on summary judgment that four of Graphon’s patents were invalid due to either lack of novelty or obviousness under 35 U.S.C. §102 and 35 U.S.C. §103, respectively. The district court found that these patents, which disclose a method for creating and searching ... Read More...