In a recent Law360 article, Thompson Coburn partner Mike Nepple discussed the evolving legal questions surrounding implied licensing on the internet. Reflecting on the Fifth Circuit panel’s analysis, Mike noted that the distinction at issue may have little practical difference in the current digital landscape.
“It may be a difference without a distinction at this point,” said Mike.
He explained that the court’s discussion highlights a broader reality of how online content is shared and accessed. “The internet in my view to an extent relies upon implied license,” he said. “We all have websites. We put them up in public. We want people generally to look at our stuff that we’re publishing.”
Read the full article here.
