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Defending Suits Brought By Copyright Trolls
The dramatic surge in the number of so-called copyright troll cases filed in recent years has forced judges and counsel alike to develop creative approaches to manage the litigations. This article provides an overview of copyright troll litigation and explores potential litigation strategies for responding to troll cases.
As quoted in Wisser v. Vox Media Inc., 19 Civ. 1445 (S.D.N.Y. 2020), a copyright troll is a plaintiff who is "more focused on the business of litigation than on selling a product or service or licensing their copyrights to third parties. A copyright troll plays a numbers game in which it targets hundreds or thousands of defendants seeking quick settlements priced just low enough that it is less expensive for the defendant to pay the troll rather than defend the claim."
Recently, courts have used the term to describe the behavior of attorneys, rather than their clients. For example, in McDermott v. Monday Monday LLC, 17cv9230 (S.D.N.Y. 2018), a copyright infringement action involving a photograph, District Judge Denise Cote denied a motion to redact the term copyright troll from an earlier opinion describing the plaintiff's counsel.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.