Episode 341 -- DOJ Charges Visa with Monopolization and Exclusionary Conduct in the Debit Card Market
In two recent Northern District of California decisions, AI companies prevailed on a fair use defense after being accused of infringing copyrights in works used to train AI models. The decisions, on their face, seem to...more
On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more
Mit dem Urheberrechts-Diensteanbieter-Gesetz (UrhDaG) wird ein völlig neues Haftungsregime in Deutschland etabliert. In diesem Beitrag werfen wir nun einen näheren Blick auf die Voraussetzungen, unter denen Diensteanbieter...more
In order to avoid being a victim of a “copyright troll,” businesses need to be vigilant about the content they post on social media, websites and other promotional materials...more
On March 15, 2019, in VHT v. Zillow Group Inc., 2:15-cv-01096, the U.S. Court of Appeals for the Ninth Circuit issued a significant copyright decision, ruling, among other things, that Zillow's online service did not directly...more
The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act...more
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
The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more
Swiftly following the CJEU decision in Filmspeler, in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an...more
The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more
The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more
Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more