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Archive for the ‘Digital Millennium Copyright Act’ Category

By Tyler Lacey RealNetworks Won’t Appeal Decision Declaring Its DVD Copying Software in Violation of DMCA On March 4, Wired reported that RealNetworks plans to cease litigation of a lawsuit filed by the Motion Picture Association of America (“MPAA”) alleging that its DVD copying software, RealDVD, violates the Digital Millennium Copyright Act (“DMCA”).  RealNetworks had initially planned to appeal a California district court’s decision that the software illegally circumvented the DVD encryption technology, Content Scramble System. However, after two years ... Read More...
Posted On Mar - 5 - 2010 Comments Off READ FULL POST
Court Excludes Litigation Fees from Calculation of Damages under DMCA § 512(f). By Debbie Rosenbaum – Edited by Gary Pong Lenz v. Universal Music Corp., Case No. 5:07-cv-03783-JF (N.D. Cal., Feb. 25, 2010) Slip Opinion (Hosted by the Citizen Media Law Project) On February 25, 2010, Judge Fogel for the Northern District of California held that a plaintiff suing over a wrongful Digital Millennium Copyright Act (“DMCA”) takedown notice can only recover for damages that were proximately caused by said ... Read More...
Posted On Mar - 4 - 2010 Comments Off READ FULL POST
Facebook, Inc. v. Power Ventures, Inc. By Gary Pong – Edited by Eric Engle Facebook, Inc. v. Power Ventures, Inc., Case No. 08-cv-05780-JF (N.D. Cal. Oct. 22, 2009) Order (Hosted by SPAM NOTES) The United States District Court for the Northern District of California has granted a motion by Facebook to dismiss counter-claims and strike affirmative defenses in its ongoing case against Power Ventures (Power.com). In his order, United States District Judge Jeremy Fogel wrote that Power.com’s answer and counter-claim ... Read More...
Posted On Oct - 24 - 2009 Comments Off READ FULL POST
By Andrew Jacobs ISPs Found Liable for Websites’ Trademark and Copyright Infringement Computerworld and Ars Technica report that on August 28, a federal jury handed down a $32.4 million judgment against two ISPs that hosted websites selling counterfeit Louis Vuitton products. Louis Vuitton successfully argued on a theory of contributory infringement, overcoming the ISPs’ claims of immunity under the Digital Millennium Copyright Act’s “safe harbor” provisions. Evidence that the ISPs had received and failed to respond to notices of the ... Read More...
Posted On Sep - 13 - 2009 Comments Off READ FULL POST
By Sharona Hakimi WTO Finds China’s Media Laws Violate International Trade Laws On August 12, Ars Technica and the New York Times reported that the World Trade Organization ruled against China in a complaint by the United States regarding China’s limitation on imports of songs, movies, and books. The Chinese laws constituting trade violations require that many forms of imported media must be distributed by a single, state-owned company. The laws also limit foreign ownership of Chinese media companies and ... Read More...
Posted On Aug - 15 - 2009 Comments Off READ FULL POST
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