On December 1, a federal court in Virginia entered partial summary judgment for music publisher BMG in BMG Rights Management v. Cox Communications, a closely watched case on the applicability of the DMCA safe harbors to a broadband Internet access provider. BMG sued Cox for...
Welcome news today from the U.S. Court of Appeals for the 9th Circuit. By a vote of 11 to 1, the court overturned its injunction against the controversial video called Innocence of Muslims that it had ordered off YouTube back in February 2014.
Here's the background. Actress Cindy Lee Garcia was cast...
Last week, the International Federation of the Phonographic Industry (IFPI) released its 2015 Digital Music Report—an annual state of the industry update for digital recorded music. Included in the report, along with year-over-year information about industry initiatives, revenue sources, and...
Recently, a jury found Mr. Ross Ulbricht guilty of running the black market website Silk Road. Many observers claim that the government's theory expanded liability for third parties like Mr. Ulbricht online. As I mention in a recent GizMoto interview, the government's theory of liability wasn't new...
The Sony incident reminds us again about the fragile yet constantly shifting state of cybersecurity and Internet policy. Clearly the international political ramifications of this incident, who actually did it, and Sony's potential culpability remain unknown. However, the purpose of this commentary...
Somehow we went from mild interest in December when Microsoft challenged a search warrant over user data stored in Ireland to some kind of frenzy today when Chief US District Judge Loretta Preska ruled in the government’s favor. I know it doesn’t make good sound bites, but this is not a case of...
Recently, the United Sates Supreme Court decided American Broadcasting Cos. v Aereo, holding that “Aereo publicly performs copyrighted works, in violation of the Copyright Act’s Transmit Clause, when it sells its subscribers a technologically complex service that allows them to watch television...
Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and email servers. Nevertheless, the Court upheld contempt of court sanctions, because of the Lavabit owner’s foot dragging...