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Archive for the ‘First Amendment’ Category

Copyright Troll Righthaven Experiences Setback due to District Court’s Grant of Dismissal Motion to Defendant Claiming Fair Use By Jonathan Allred – Edited by Cary Mayberger Righthaven v. Realty One Group, 2:10-cv-1036-LRH-PAL (D. Nev. Oct. 18, 2010) Opinion hosted by the Las Vegas Sun In one of the first rulings to come down in plaintiff Righthaven’s many copyright suits, the District Court of Nevada granted defendant Michael Nelson’s motion to dismiss. Righthaven’s lawsuits are notable because they represent a new ... Read More...
Posted On Oct - 28 - 2010 Comments Off READ FULL POST
The Supreme Court Asked to Rule on the Constitutionality of “Restored” Copyright Protection By Andrew Goodwin – Edited by Cary Mayberger Petition for Writ of Certiorari, Golan v. Holder (U.S. 2010) Petition hosted by The Center for Internet and Society at Stanford Law School In June 2010, the United States Circuit Court for the Tenth Circuit held that § 514 of the Uruguay Round Agreements Act (“URAA”), codified in 17 U.S.C. §§ 104(A) and 109(a), did not violate the First ... Read More...
Posted On Oct - 26 - 2010 Comments Off READ FULL POST
Ninth Circuit Argues for Less Stringent Test for Protecting Anonymous Online Commercial Speech By Kathryn Freund – Edited by Janet Freilich In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010) Opinion The Ninth Circuit Court of Appeals denied writs of mandamus appealing the District Court of Nevada’s order to disclose the identities of anonymous online posters. Although the Circuit Court denied the writs of mandamus for procedural reasons, the decision provides a discussion of Free Speech protection ... Read More...
Posted On Jul - 27 - 2010 Comments Off READ FULL POST
By Ian B. Brooks Reality Porn Producers Claim Fair Use in Suit against Record Labels Ars Technica reports that Warner Bros. Records and ten other record music labels have filed suit against porn companies RK Netmedia and RealityKings.com. The record labels allege copyright infringement for the use of their unlicensed songs in hundreds of hardcore pornographic videos. They are seeking the maximum statutory penalty of $150,000 per video. RK Netmedia says it will defend the suit under the fair use ... Read More...
Posted On Jul - 20 - 2010 Comments Off READ FULL POST
Tenth Circuit Rejects First Amendment Challenge to U.S. Copyright Law By Abby Lauer – Edited by Gary Pong Golan v. Holder, Nos. 09-1234 & 09-1261 (10th Cir., June 21, 2010) Slip Opinion Section 514 of the Uruguay Round Agreements Act (URAA), codified in 17 U.S.C. § 104A, restored the U.S. copyrights of foreign authors who had lost copyright protection for failing to comply with certain formalities required by U.S. law.  Plaintiffs challenged Section 514 as a violation of the First ... Read More...
Posted On Jul - 1 - 2010 Comments Off READ FULL POST
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