Posts Tagged: safe harbor


Closing a Loophole to Prevent Online Sex Trafficking

The U.S. Senate is slated to vote on the Stop Enabling Sex Traffickers Act (SESTA), legislation that would help prevent online sex trafficking by holding accountable …
By John Manchester
1 year ago 0

Innovators and Content Creators Urge USTR Lighthizer to Fight for Strong IP in NAFTA Negotiations

ACTION for Trade asks Lighthizer to consider advocating for strong IP protections and robust enforcement to benefit a diverse group of industries, including digital content producers and …
By Steve Brachmann
1 year ago 0

No DMCA safe harbor for Cox’s 13-strike policy for terminating repeat infringers

On February 1, 2018, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case, BMG Rights Management LLC v. Cox Communications, Inc. The …
By Heather Smith-Carra
1 year ago 5

DMCA 2017: 9th Cir. decides safe harbor, anti-circumvention cases

In 2017, there were several noteworthy decisions relating to the Digital Millennium Copyright Act (DMCA). Specifically, the Ninth Circuit addressed two separate cases, one dealing with safe harbor …
By Heather Smith-Carra
2 years ago 0

5 ways companies can stay in compliance with DMCA

Understanding the Digital Millennium Copyright Act (DMCA) has become increasingly important for companies that want to protect their digital content. The DMCA was created primarily as a …
By Heather Smith-Carra
2 years ago 0

The Impacts of the Pending Rule 11 Amendments on the Patent System

The effects of proposed Rule 11 on the patent system will be like putting an additional bullet to a dying man. As far as patent litigation is concerned, …
By Jianqing Wu, Ph.D.
2 years ago 1

Proposed Amendments to Rule 11 Will Adversely Impact Patent Owners

Congressman Lamar Smith (R-TX), has sponsored a bill to amend Rule 11 — H.R. 720. The changes are made to remove the safe harbor provision and make sanctions mandatory. …
By Jianqing Wu, Ph.D.
2 years ago 0

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Just how much knowledge about piracy on its system does an online service provider need before it loses its safe harbor protection, which severely limits its potential …
By Devlin Hartline
3 years ago 1

From Safe Harbor to Privacy Shield: Making order from chaos on data protection

To replace the now-defunct Safe Harbor agreement, last week the European Commission published the first details of its transatlantic Privacy Shield. The Privacy Shield is meant to …
By Heather Antoine
3 years ago 0

U.S., EU work towards safe harbor replacement that balances privacy, surveillance concerns

Safe harbor in the world of international digital data transfer has been a major topic of discussion in the tech world in recent weeks. Since 1998, data transferred …
By Steve Brachmann
4 years ago 1

CJEU declares Commission’s US Safe Harbor Decision Invalid

The decision creates significant uncertainty for organizations who rely on Safe Harbor either for their own, internal data transfers, or because they use a service provider which, …

Momenta Pharmaceuticals: The Hatch-Waxman “Safe Harbor” Widens to Include Post-FDA Approval Activity*

While the Supreme Court may have expanded the reach of the Hatch-Waxman “safe harbor,” the Medtronic and Merck cases only involved pre-marketing FDA approval activity. But the …
By Eric Guttag
7 years ago 5

Divisional of Divisional Reaches Safe Harbor of 35 U.S.C § 121

Some may recall my “dissertation” on the case of Amgen Inc. v. F. Hoffman-La Roche Ltd. See CAFC: A Divisional By Any Other Name Is Not a …
By Eric Guttag
10 years ago 2