Warner Bros. Mistake Highlights Opportunity for DMCA Improvement

February 7, 2017 - from DisputeSoft

The film and entertainment industry has long been a popular target for intellectual property pirates.  Misappropriation of in-demand films began during the silent era as early as 1895, when film exhibitors screened movies beyond the dates agreed upon by exhibitors and film producers.1 While piracy of film and entertainment is not a new phenomenon, the Internet has provided pirates with an ideal platform through which to distribute misappropriated entertainment.

One of the film industry’s largest companies, Warner Bros., has earned a reputation for using the Digital Millennium Copyright Act (DMCA) to protect its intellectual property on the web. However, the motion picture giant recently found itself in an awkward situation after its anti-piracy partner, Vobile, Inc., flagged for copyright infringement under Section 512 of the DMCA Google search results that linked to Warner Bros.’ own website. Vobile uses a program called VideoTracker to identify, track, and flag infringing copyrighted video content online. However, VideoTracker mistakenly flagged Google search result links to several Warner Bros. websites, including the official pages for The Dark Knight and The Matrix, as well as legitimate movie links on Amazon, Sky Cinema, and IMDb. After investigating the allegedly infringing URLs, Google decided not to …

What Every Medical Malpractice Attorney Needs To Know About Computer Forensics

December 13, 2016 - from DisputeSoft's G. Hunter Jones

Medical mistakes not only may put a patient’s life or health at risk but also lead to an investigation of the practice and, depending on the evidence, potential litigation.

Evidence of mistakes or unethical behavior by medical professionals can often be found only deep within the metadata of a computer system, a medical record, or a medical image. A computer forensics expert can follow the trail of technological breadcrumbs to uncover factual information that exposes medical mistakes or even their cover-ups. The following real-world scenarios illustrate how the work of a computer forensics expert can help counsel to ferret out critical facts of a case:

1. A doctor fails to detect a severe birth defect in an ultrasound image. By examining computerized medical records, a computer forensics expert can uncover evidence that indicates which radiologist examined the image and when each examination was conducted. If the ultrasound image has been deleted, the expert can determine when the image was deleted and may be able to recover the lost image.

2. A patient fails to show up for a follow-up appointment, claiming that the practice never scheduled such an appointment. An investigation determines that the practice changed the computer system it

Practical Advice to Beat Piracy

November 7, 2016 - from DisputeSoft

*Published in the November 2016 edition of Intellectual Property Magazine.

Online piracy is an increasingly important issue facing U.S. policy makers. But it is especially daunting for U.S. copyright and trademark holders, the attorneys who represent them in combatting piracy, and the forensic experts who provide support. This article offers a brief overview of some of the techniques we have successfully used to lay the necessary evidentiary foundation to support misappropriation and infringement claims. Forensic experts face a number of challenging requirements:  they must collect and preserve allegedly infringing materials, identify the owners and operators of the websites distributing infringing materials, and evaluate the extent of infringement, so that the amount of damages can be determined. Fortunately, a variety of tools, reference sources, and techniques exist that facilitate tracking down and prosecuting those individuals or organizations engaged in online copyright or trademark piracy.

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