Category Archives: Digital Media

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Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service providers who have already registered an agent. Read on for details about what you will need to do.… Continue Reading

Federal Circuit Won’t Review USPTO’s Alice Guidelines

On March 10, 2016, the Federal Circuit ruled that it cannot review the U.S. Patent and Trademark Office’s patent-eligibility guidelines to examiners on how to apply the Supreme Court’s Alice ruling.  The appeals court held that could not consider the USPTO’s Interim Eligibility Guidance because it did not create any substantive or procedural right enforceable … Continue Reading

Federal Circuit Narrows Claim Construction Options in Game Controller Suit

By Ryan Lindsey and Nick Setty In Thorner v. Sony Computer Entertainment America, LLC (Case No. 2011-1114, Feb. 1, 2012) (Moore*, Rader & Aiken (D. Or. sitting by designation)), the Federal Circuit reiterated the prohibition against importing limitations from the specification and reversed a district court construction depending from consistent uses of the disputed phrase in … Continue Reading

Tweet Me! – The Southern District of New York Answers Copyright Questions Raised By Twitter and Twitpic Use

Social media has become a part of everyday life. As Shakespeare has written: "This news is not old enough, yet it is every day news." The minutiae of every moment is narrated through status updates. Digital photographs are taken and instantaneously posted minute-by-minute on the Internet for the world to see. This lightning fast use of social media … Continue Reading

Trademarks In The Veldt: Do Virtual Lawyers Dream Of Electric Trademarks?

In Neal Stephenson’s 1992 science fiction novel, Snow Crash, humans interact as avatars in the “Metaverse,” the collective product of online shared three-dimensional space.[1] As imagined by Stephenson, this “Metaverse” has been created by all virtual worlds[2] – it is an augmented and enhanced physical reality, a physically persistent virtual space.[3] The novel is set … Continue Reading

Content Monetization: What’s Working?

Digital Media Law Forum at the Commonwealth Club Silicon Valley On May 13, 2010, at the Computer History Museum in Mountain View, CA, a panel of experts from Yahoo!, Funny or Die, United Talent Agency, Wired.com, and Sheppard Mullin examined the new business models for content creation, distribution and monetization.… Continue Reading

Branded: Product Placement and Video Games

Video games and feature films have a lot in common. Both tell stories and have exciting visuals and music. Although one is "interactive," recent Blu-ray HD discs are now turning linear films into more immersive, interactive experiences. Rights and talent deals for both have likewise followed a path towards convergence with terms and consideration often … Continue Reading

Gibson’s Patent Action Against Activision Hits Wrong Chord With Court In “Guitar Hero” Dispute: Summary Judgment Granted

Activision licensed the Gibson trademark and trade dress in November 2006 in connection with Guitar Hero’s "custom guitar controller peripheral." Activision paid a one-time fixed license fee to cover the term of the license and Gibson agreed to help promote the Guitar Hero product.… Continue Reading

The Digital Countdown

The upcoming conversion to digital television will be one of our most important historic dates. No president will be sworn into office. No one will land on the moon. Instead, television in the United States, as we know it, will simply be turned off. Welcome to the Digital Age. Click here to read the article. … Continue Reading

Hot News Meets DMCA

Hot News! … for IP lawyers. Hot news is still good law. After 90 years, a dusty 1918 Supreme Court case (International News Service v. Associated Press, 248 U.S. 215 (1918)), often overlooked and generally ignored, was resurrected from the judicial cobwebs by Judge Castel. The case before Judge Castel involved the same news gathering … Continue Reading

Federal Appeals Court Strikes Down California Law Banning the Sale or Rental of “Violent Video Games” To Minors

On February 20, 2009 the Ninth Circuit Court of Appeals struck down a California law banning the sale or rental of "violent video games" to minors and requiring such games to be labeled "18" (the legal age for adults). While this decision may surprise some California lawmakers and parents, its holding is fully consistent with … Continue Reading
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