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Intellectual Property Litigation Partner Steve Stein shared his insights with Bloomberg Law on the U.S. Court of Appeals for the Fifth Circuit’s rejection of the “server test” under the Copyright Act and its requirement that an infringer transmit a work.
Excerpts:
But IP attorney Steven Stein, who clerked for the opinion’s author Judge Stephen A. Higginson, called the ruling “statutorily sound and practical.”
“It’s possible that now the tide turns back to finding embedding isn’t infringing,” said Stein, who’s represented several embedders.
“It’s having an impact already,” he said.
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