ISPs Beware: If You Ignore These 3 Things, You CAN Be Liable for Copyright Infringement

Until recently, most internet service providers (“ISPs”) had good reason to feel reasonably shielded from liability stemming from the conduct of their subscribers. From the uploading of unlicensed music files to the exchange of pirated content via BitTorrent, most ISPs remained shielded from liability since the implementation of the Digital Millennium Copyright Act in 1998. […]

Zediva…The Closing of a Copyright “Loophole” That Didn’t Exist

UPDATE:  Well…it seems as though that little “loophole” that start-up movie service Zediva was relying on for their business model may not be big enough to fit it. As you may recall from my previous posting here, Zediva launched on online movie rental service a few moths ago to compete with Netflix and others.  Zediva […]

Zediva: Streaming Through a Copyright Loophole in the Digital Domain?

Recently, an online movie rental service called Zediva launched to some interesting controversy. Basically, Zediva allows a registered user to rent and view movies online as soon as they’re available on DVD. Take that, Amazon, Netflix and iTunes…right? Well, not exactly…

UPDATE: The Seconds Tick on the Copyright “First Sale” Doctrine? Not So Much…

I have been practicing law long enough to not be surprised easily by anything handed down from the courts.  The Supreme Court of the United States (SCOTUS), however, has engaged in a real “hand-off” this week.  In an earlier post, I wrote about the Ninth Circuit decision in Costco  Wholesale Corp. v. Omega S.A. whereby […]

Beyond VeRO: Using eBay’s Tools and Policies to a Rights Owner’s Advantage

Few would argue that the Internet has facilitated game-changing means and avenues for advertising, promotion and distribution of merchandise to the consumer.   Fewer still would argue that the electronic marketplace hasn’t been a boon for the attendant distribution of counterfeit and gray-market goods.   For eBay, the online auction giant, this problem has forced it to […]