Fish's Kristen McCallion Quoted in Corporate Counsel Article, "Is HBO Censoring the 'Game of Thrones' Spoiler?"

Kristen McCallion (New York, NY) was quoted in a Corporate Counsel article, "Is HBO Censoring the ‘Game of Thrones’ Spoiler?"

All three videos were restored yesterday. But that doesn't necessarily mean that the Spanish Spoiler is on the right side of copyright law. "YouTube has to inform HBO that they got the counter notice and then YouTube is obligated to put the video back up," says Kristen McCallion, a principal at Fish & Richardson PC.

McCallion agrees that there are limits to what the Spanish Spoiler can do on his YouTube channel, though she doesn't think what he's currently doing is an infringement issue. "He can very likely continue to do what he's doing," she says, though her opinion might change if it was revealed, for example, that he was reading from a script or plot summary.

According to McCallion, the ideal way for HBO to defeat the spoiler is to identify his insider source, who may be breaching contractual obligations by leaking show details. "I think HBO can get creative and find the root of the problem and figure it out that way," she says.

To read the entire article from Corporate Counsel published on May 10, 2016, click here.