When parties agree to settle an action, they usually try to wrap up all aspects of the litigation. Pending motions are withdrawn, ancillary actions in other fora are voluntarily dismissed, and binding promises are made not to relitigate the dispute. But a recent decision from the Southern District of New York reminds us that the parties are not the only ones who have a say in what can be resolved in a settlement agreement. Courts have an interest in preserving their authority
New technologies, and the business models that accompany them, often create challenges for existing law, and nowhere is that friction more evident than where digital content bumps into the federal copyright law intended to regulate it. Much of current U.S. copyright law was drafted decades ago—before digital content creation and distribution tools were widely available to the public. Even the Digital Millennium Copyright Act (the DMCA), designed specifically to “update” U.S.