2nd Circ. Dodges 'Novel' Cloud Storage Copyright Questions

Law360, New York (October 6, 2016, 3:48 PM EDT) -- The Second Circuit on Thursday tossed out a lawsuit filed against Barnes & Noble over e-books saved on the company’s online storage lockers, but said it had expressly avoided “novel” copyright questions the case raised about cloud computing.

Cheryl Smith sued the retailer back in 2012, claiming it had committed copyright infringement by allowing a customer to continue to access a sample of her late husband’s book after she terminated her distribution deal with the bookseller.

But a trial court booted the case last year, ruling that, like VCR manufacturers and remote DVR providers, a cloud storage provider like Barnes &...

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