On August 4, 2008, the Second Circuit court of appeals overturned a lower courts opinion that Cablevision's Remote Storage” Digital Video Recorder ("RS-DVR") system violated the Copyright Act by infringing plaintiffs’ exclusive rights of reproduction and public performance. The full 44-page opinion is available at Cartoon Network, LLP, et al. v. Cablevision. In my humble yet [...]
Posted with the permission of the author Matthew Williams, Esquire. Matthew is an intellectual property attorney practicing with the firm of Mitchell Silberberg & Knupp. All rights reserved. Apple’s release of the iPhone in June 2007 was an unqualified business success - 1.4 million iPhones were sold in just a few months. However, as has [...]
New York Times technology columnist and Emmy-award winning CBS news correspondent David Pogue is featured in this YouTube video singing a fun diddy about the digital wave of media on the Internet, ending with a humorous take on the RIAA and its wave of litigation against college students nationwide. Enjoy [youtube=http://www.youtube.com/watch?v=xF7cHmyEJ-c&rel=0] Technorati Tags: digital [...]
U.S. District Judge for the District of Connecticut Justice Janet Bond Arterton, handed down a very pointed and decisive opinion hammering the R.I.A.A. for its boilerplate style of pleading in the nationwide wide campaign against illegal file sharing. Justice Arterton was appointed by President Clinton in 1995. The full decision is here: Decision. At several [...]
On Monday, January 28th, the Copyright Royalty Board (CRB) began what will be four weeks of hearings. The CRB will hear testimony from interested parties on both sides of issues which will ultimately determine the statutory mechanical rates for songwriters and music publishers. The CRB sets these rates periodically, but these particular hearings are more [...]
The Senate Judiciary Committee is holding a high-profile hearing today on the subject of imposing additional performance royalties on so-called "over-the-air" or "terrestrial" radio stations (I'll just call them OTA's in this article). Investigative hearings such as these are usually precursors to legislation being introduced on the subject. Grammy winner, Lyle Lovett and Chicago-based singer-songwriter [...]
For years now, a huge battle has been brewing between proponents of performance royalties for the owners of sound recording copyrights to be paid by terrestrial radio stations (those broadcasting through the air) and it has been gathering steam in the last several months. The battle is being waged between the giants of industry, the [...]
There appears to be a slight ripple of a trend among courts to take a stricter look at the evidence being presented by the RIAA in its crusade against digital downloads, based primarily on the evidence of user names and IP addresses assembled by their expert consultants, MediaSentry. In the RIAA's case against Jeff Dangler, [...]
Propelled primarily by the sales of 2.5 million copies of the new Harry Potter book, Amazon's profits reach ed the stratosphere in the 3rd fiscal quarter of 2007. The company announced its third-quarter earnings in an online conference call on Tuesday, announcing a profit of $80 million, three times the $19 million it earned in [...]
Back in 1999, my law clerk, J. Eric Crupi and I considered the topic of personal jurisdiction as applied to the Internet. In the resulting Law on the Row article, entitled "Lines in the Virtual Sand." In the original article, Eric concluded that “the boundaries of personal jurisdiction in cyberspace have not been concretely defined, [...]