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ARTICLE · 18 JANUARY 2017

For The Time Being, Tech Companies Remain Shielded From Liability For Users' Uploaded Content

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Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users' uploaded content under the DMCA...

United StatesIntellectual Property

Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users' uploaded content under the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA), at least for now.

Although the U.S. Supreme Court decided this past Monday not to reconsider the First Circuit's CDA decision in Jane Doe No. 1 et al v. Backpage.com, LLC, et al, the recording industry and internet service providers alike are watching to see whether the Court will reconsider the Second Circuit's DMCA decision in Capitol Records et al v. Vimeo, LLC, et al. Should the Justices decline to grant certiorari, tech companies will find protection from users' uploaded content within both the CDA and the DMCA.

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