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Continued Use of Cached Copies After Objection May Infringe the Copyright

In Parker v. Yahoo!, Inc. , 2008 U.S. Dist. LEXIS 74512 (E.D. Pa. Sept. 25, 2008) , a federal trial court ruled that a website owner's failure to 'opt-out' of search engines' information gathering robots gave them an implied license to copy the entire website but that the website owner's...

Alibaba and the Forty Thousand Thieves: Combating Counterfeiting on B2B websites

For today's consumer goods product developer, counterfeiting is a huge concern. An essential part of any campaign against counterfeit goods is Internet enforcement. In this Analysis, David Starr and Gregory Bennett focus on the details of establishing and maintaining an effective approach to...

Court Dismisses Viacom's $1 Billion Copyright Claims Against YouTube

Court reaffirms that copyright owners bear the burden of protecting their material under the DMCA "Safe Harbor" Act. On June 23, 2010 , the court for the Southern District of New York ruled in favor of YouTube by dismissing Viacom's claims for copyright infringement. Viacom claimed...

Court Dismisses Viacom's $1 Billion Copyright Claims Against YouTube

In June 2010, the court for the Southern Dist. of NY ruled in favor of YouTube by dismissing Viacom's claims for copyright infringement. The court held that general knowledge was not enough to bar YouTube from protection under the DMCA safe harbor provision. It found the burden of protecting...

Senate Judiciary Committee Approves Combating Online Infringement and Counterfeits Act (2010 S. 3804)

On November 18 th , the U.S. Senate Judiciary Committee approved, by a vote of 19-0, legislation to prevent Internet websites from illegally sharing movies, TV shows and other counterfeit material. Copyright 2010 LexisNexis Academic & Library Solutions, a division of Reed Elsevier Inc. ...

Federal Courts Order Seizure of 82 Website Domains Involved in Selling Counterfeit Goods as Part of DOJ and ICE Cyber Monday Crackdown

From the US Department of Justice : WASHINGTON - Seizure orders have been executed against 82 domain names of commercial websites engaged in the illegal sale and distribution of counterfeit goods and copyrighted works as part of Operation In Our Sites v. 2.0, Attorney General Eric Holder and...

Beware the Fog of Giving: When Similar Charities Collide

The Wounded Warrior Project's (WWP) $1.7 million judgment against a similar charity, the Wounded Warriors Family Support, Inc. (WWFS), was recently affirmed by the Eighth Circuit. WWP had alleged that WWFS sowed confusion on the Internet by using a website to solicit donations intended for WWP...

Federal Circuit Holds that Websites Can Qualify as "Unpatented Articles" within False Patent Marking Statue’s Scope

For purposes of the false marking statue, 35 USCS § 292 , websites can qualify as "unpatented articles," according to a recent Federal Circuit opinion. Peter M. Shipley developed software known as "Dynamic Firewall," which was destroyed in 1999. Despite the software's...

Don't Guess: The DMCA Provides a Road Map for Safe Handling of Copyright Claims

The Digital Millennium Copyright Act (DMCA) provides safety from copyright claims for a website operator or host who takes down content on a website that it did not generate or for businesses giving access to others. The safety, however, is only available if those business meet the requirements and follow...

Privacy: It's Not Just a Problem for Big, Well-Established Websites

The recent privacy breach involving Sony's online product offered to Playstation users has been the subject of intense media reporting. Entrepreneurs owning, or counsel advising, start up Internet businesses might be tempted to think that privacy issues are just a problem for large companies and...

Privacy: It's Not Just a Problem for Big, Well-Established Websites

The recent privacy breach involving Sony's online product offered to Playstation users has been the subject of intense media reporting. Entrepreneurs owning, or counsel advising, start up Internet businesses might be tempted to think that privacy issues are just a problem for large companies and...