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Archive for the ‘Fair Use’ Category

California District Court Dismisses Oracle’s Copyright Infringement Claims Against Google, Finds APIs not Copyrightable By Susanna Lichter – Edited by Jennifer Wong Oracle America, Inc., v. Google Inc., No. C 10-0361 WHA (N.D. Cal. May 31, 2012) (hosted by Groklaw) The U.S. District Court of Northern California in San Francisco dismissed Oracle’s claims that Google had infringed Oracle’s copyright in 37 application programming interfaces (“APIs”), holding that the particular elements duplicated in Google’s Android operating system were free for all ... Read More...
Posted On Jun - 10 - 2012 Comments Off READ FULL POST
Jury Decides Google Did Not Infringe Oracle Patents but Question of Whether APIs Can Be Copyrighted Remains By Brittany Horth – Edited by Michael Hoven Oracle America, Inc. v. Google Inc., No. 10-03561 (N.D. Cal. 2012) Special verdict on copyright claims from May 7, 2012 (hosted by Scribd) Special verdict on patent claims from May 23, 2012 (hosted by Scribd) A jury in the U.S. District Court of Northern California in San Francisco unanimously decided that Google’s Android mobile operating ... Read More...
Posted On May - 30 - 2012 Comments Off READ FULL POST
Second Circuit Holds that Submission of Entire Copyrighted Work in Judicial Proceedings Constitutes Fair Use By Kaethin Prizer – Edited by Esther Kang Hollander v. Steinberg, No. 10-1140-cv (2d Cir. Apr. 5, 2011) Summary Order hosted by Scribd.com The Second Circuit affirmed the decision of the District Court for the Eastern District of New York, which had granted summary judgment in favor of the defendant in a copyright infringement suit. The Second Circuit applied the traditional four-factor fair use test, ... Read More...
Posted On Apr - 15 - 2011 Comments Off READ FULL POST
Appropriation artist found to have infringed copyrights after failing to show transformative use By Matthew Becker – Edited by Chinh Vo Cariou v. Prince, No. 08 Civ. 11327 (DAB) (S.D.N.Y. March 18, 2011) Slip Opinion hosted by Scribd In a closely watched copyright case, the United States District Court for the Southern District of New York granted summary judgment for the plaintiff, Patrick Cariou, ruling that the appropriation artist Richard Prince, in conjunction with the Gagosian Gallery, infringed Cariou’s copyrighted ... Read More...
Posted On Apr - 3 - 2011 1 Comment READ FULL POST
By Nathan Lovejoy Lime Wire Damages Limited To One Statutory Damage Award Per Work Judge Kimba Wood ruled on March 10th that the statutory damages provision of the Copyright Act authorizes only one damage award per work infringed rather than one award for every infringement. Wood noted that had she adopted the record industry plaintiff’s interpretation the potential damages against the file-sharing software company would be “more money than the entire recording industry has made since Edison’s invention of the ... Read More...
Posted On Mar - 26 - 2011 Comments Off READ FULL POST
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