Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Digital Millennium Copyright Act

“Hold Up, Wait A Minute”: D.C. Circuit Rejects Copyright Board’s Categorical Exclusion of Internet Transmissions from Grandfathered Royalty Rates

On August 18, the D.C. Circuit directed the Copyright Royalty Board (“CRB”) to reconsider what royalties are owed to artists by Music Choice for its streaming services, vacating the final determination of the Copyright Royalty Board.  In the Court’s view, the CRB wrongfully excluded internet transmissions from the grandfathered royalty rate paid by some music … Continue Reading

Ninth Circuit “Scraps” Old Construction of CFAA in Closely Watched LinkedIn Data Scraping Case

This past month, professional networking site LinkedIn Corp., was given more time to file a petition for certiorari challenging a Ninth Circuit finding that hiQ Labs Inc. (“hiQ”), a workforce data analytics startup, did not violate federal hacking laws by “scraping” LinkedIn member profiles without LinkedIn’s permission. Data scraping, or web scraping, is a method … Continue Reading
LexBlog