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Archive for the ‘Copyright’ Category

Federal District Court Rules Ringtones Not Public Performance By Debbie Rosenbaum – Edited by Eric Engle In re: In the Matter of the Application of Cellco Partnership d/b/a Verizon Wireless, Case Nos. 09-cv-07074 & 41 Civ. 1395 (S.D.N.Y. Oct. 14, 2009) Opinion (Hosted by EFF) The Southern District of New York has ruled that cell phone ringtones do not constitute a public performance, and thus mobile phone carriers do not need to pay performance royalties under the Section 110(4) of ... Read More...
Posted On Oct - 20 - 2009 Comments Off READ FULL POST
Delaware District Court Distinguishes Posting and Publication for Purposes of the Copyright Act. By Ian C. Wildgoose Brown – Edited by Stephanie Weiner Moberg v. 33T LLC, Civil No. 08-625(NLH)(JS) (D. Del. Oct. 6, 2009). Opinion On October 6, the United States Court for the District of Delaware ruled in a case of first impression that a photograph posted to the Internet from a foreign server is not a “United States work” within the meaning of section 411 of the ... Read More...
Posted On Oct - 18 - 2009 Comments Off READ FULL POST
Court Rules That Software License Transfers Ownership By Kate Wevers – Edited by Anthony Kammer Vernor v. Autodesk, Inc., No. C07-1189RAJ (W.D. Wash., Sept. 30, 2009) Opinion On September 30, the United States District Court for the Western District of Washington granted, in part, Vernor’s motion for summary judgment against Autodesk.After Autodesk became aware of Vernor’s attempts to sell copies of its copyrighted software, AutoCAD, on eBay, it invoked the takedown provisions of the Digital Millennium Copyright Act, causing Vernor ... Read More...
Posted On Oct - 12 - 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 Evan Kubota Microsoft, Yahoo, Amazon Join Opposition to Google Settlement The New York Times reports that Microsoft, Yahoo, and Amazon have joined library associations, nonprofits, and individuals in opposing the Google Books settlement in The Authors Guild v. Google. The settlement, which would allow Google to provide digital versions of millions of books, still requires court approval and remains the subject of a Department of Justice antitrust investigation. The opposition group, tentatively called the Open Book Alliance, will argue ... Read More...
Posted On Aug - 21 - 2009 Comments Off READ FULL POST
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