To remain eligible for safe harbor under § 512(c), an online service provider (OSP) who allows posting of user-generated content (UGC) must document, implement, and communicate its policy for monitoring, blocking, and removal of infringing content. The OSP also must be prepared to restore removed material correctly in the event that a takedown notice is successfully challenged […]
We know the holiday season is over but we just couldn’t help but pass this one along regarding a holiday T.V. classic. It was the night before Christmas and all through the house, not a creature was stirring because we were all intently watching the Warner Bros’ 1983 movie, A Christmas Story, on the television. […]
For websites that allow user generated content (UGC), the online service provider (OSP) and the copyright holder share responsibility for combating infringement. Part of that responsibility includes properly notifying each other with regard to alleged infringement. If a copyright owner or other party complaining of infringement fails to fully comply with the elements of notification […]
The Online Copyright Infringement Liability Limitation Act (OCILLA), passed in 1998 as Title II of the Digital Millennium Copyright Act (DMCA), preserves strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment. The DMCA notification procedures place the burden of […]
As related in my last post, DMCA sections 512(c) and 512(d) have heightened requirements before copyright infringement liability protection adheres to service providers who support user generated content (UGC). The requirements for the four categories of safe harbors under § 512 can be summarized as follows: Safe Harbor Provider Monitoring Red Flag Test Notice/Takedown (a) Conduit ISP […]
How do I defend allegations of patent infringement? An attorney may choose to argue that the infringed patent is invalid. However, an alternative strategy may entail a claim of inequitable conduct. A successful claim of inequitable conduct renders a patent unenforceable because the court will exercise its power of equitable discretion not to enforce the […]
As mentioned in an earlier post, the originators of a web presence are not guaranteed limited liability under the Digital Millennium Copyright Act (DMCA) merely because it is visiting third parties, and not the originators, who introduce infringing content onto an originator’s site. Rather, the DMCA offers safe harbor only to qualifying service providers. Safe Harbor: Eligibility […]
By Daniel Davidson The U.S. Patent and Trademark Office is warning owners of patent and trademark registrations to be cautious when it comes to solicitations received in the mail. The USPTO has received numerous complaints from patent and trademark owners regarding solicitations that are deceptive and request that money be sent to them to monitor […]
By: Dan Pierron Claim drafting ain’t easy. On top of having to concisely describe a quite-often complicated invention, there are all the strategic implications on word choice, independent-dependent relationships, and too many others to recite here. However, one overarching strategic decision to be made when drafting claims prior to filing an application is this; should one […]
