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... Read More
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... Read More
Viacom lost its $1 billion lawsuit against Google and YouTube for alleged copyright infringement when a judge granted summary judgment. YouTube's defense was that it used the "safe harbor" protection of the Digital Millennium Copyright... Read More
NEW YORK - (Mealey's) A "general awareness" of infringing activity on its Web site is not sufficient to find YouTube Inc. guilty of any copyright infringement claims, a New York federal judge ruled June 23, granting the online video-sharing... Read More
Yesterday, the Second Circuit issued an opinion clarifying the contours of the Digital Millennium Copyright Act's (DMCA) safe harbor for online service providers. 17 U.S.C. § 512(c) limits liability for copyright infringement that occurs "by... Read More