Digital Millennium Copyright Act (DMCA) makes it unlawful to circumvent a
technological measure that effectively controls access to a work protected by
copyright and to traffic in devices designed to accomplish that end.
Previously, wonderment was...
Transocean Offshore Deepwater Drilling, Inc.
v. Maersk Contrs. USA, Inc ., 2010 U.S. App. LEXIS 17181 (Fed. Cir. Aug. 18,
2010) involved a non-infringing product that had never entered the United
States. Nonetheless, the court ruled that infringement...
appeal to the Supreme Court has filled inventors and innovators with more dread
than Bilski v. Kappos .
Before the court was nothing less than the question of what can and cannot be
feared a sweeping decision that would wipe...
In this Emerging Issues commentary, Thomas C. Carey, a partner at Sunstein Kann Murphy & Timbers LLP, discusses a recent federal court case, MGE UPS Sys. v. GE Consumer & Indus., 612 F.3d 760 (5th Cir. Tex. 2010) , and its revised opinion, MGE...
Can a company that
provides credit card services be held liable for the activities of merchants
using its accounts? In Gucci Am., Inc. v. Frontline Processing
Corp. , 2010 U.S. Dist. LEXIS 62654 (S.D.N.Y. June 23, 2010) , a federal judge revisited
Once a book, song or artwork
falls into the public domain, it becomes forever available for use by members
of the public, who need not worry about the author's intellectual property
rights. Such is the bargain between artists and the...
On the surface, the 2d and 9th Circuits appear to be in harmony regarding the standards in measuring the availability of the DMCA safe harbor to on-line service providers. Each agrees that failing to take down infringing content, despite awareness of...