Copyright Infringement, Websites, Appeals

Server Test in the Spotlight: What You See or How You See It?

Irwin IP LLP on 4/21/2025

Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) - Introduction - In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the...more

The Second Circuit Reaffirms Volitional Conduct is Needed for Direct Copyright Infringement

Robins Kaplan LLP on 5/14/2019

The Second Circuit confirms volitional conduct is needed to hold internet service providers liable for direct copyright infringement—it just disagrees what “volitional conduct” actually means. ...more

Second Circuit Punts on In-Line Linking Appeal

BCLP on 8/15/2018

The Second Circuit denied an interlocutory appeal in a high stakes copyright case that is being closely watched by both photographers and media companies around the country, sending key issues in the case back to the district...more

Federal Court of Appeal approves website seizure and Anton Piller order against online copyright piracy platform

Smart & Biggar on 2/27/2018

On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites and an Anton Piller...more

German Federal Court Rules On Google’s Image Search – Thumbnails III

Hogan Lovells on 10/2/2017

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

Morrison & Foerster LLP - Social Media on 5/9/2017

The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Orrick, Herrington & Sutcliffe LLP on 2/28/2017

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

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