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Archive for the ‘Internet’ Category

By Adam Lewin Damages Reinstated by First Circuit in Tenenbaum / RIAA Suit The United States Court of Appeals for the First Circuit reinstated a $675,000 jury verdict entered against Joel Tenenbaum for copyright infringement of 30 sound recordings accomplished using file-sharing software. At trial, the jury determined that Tenenbaum was guilty of willful infringement and awarded the plaintiff record companies statutory damages of $22,500 for each song as permitted under 17 U.S.C. § 104(c). Judge Nancy Gertner of the ... Read More...
Posted On Sep - 29 - 2011 Comments Off READ FULL POST
Despite First Amendment Challenge, Seventh Circuit Allows High School Sports Association to Exclusively License Broadcasting Right By Abby Lauer – Edited by Andrew Segna Wis. Interscholastic Athletic Ass’n v. Gannett Co., Inc., No. 10-2627 (7th Cir. Aug. 24, 2011) Slip Opinion The Seventh Circuit Court of Appeals affirmed the District Court for the Western District of Wisconsin, which had granted summary judgment to the Wisconsin Interscholastic Athletic Associate (WIAA) in a declaratory judgment action against local news media company Gannett ... Read More...
Posted On Sep - 5 - 2011 Comments Off READ FULL POST
Sixth Circuit Rules that High-Volume Phone and Email Campaign Violates Computer Fraud and Abuse Act By Michael Hoven – Edited by Abby Lauer Pulte Homes, Inc. v. Laborers’ Int’l Union of N. Am., Nos. 09-2245; 10-1673 (6th Cir. Aug. 2, 2011) Slip opinion The Sixth Circuit affirmed in part and reversed in part the United States District Court for the Eastern District of Michigan, which had granted the Laborers’ International Union of North America’s (“LIUNA”) motion to dismiss Pulte Homes’ ... Read More...
Posted On Aug - 18 - 2011 Comments Off READ FULL POST
District Court Says CAN-SPAM Act Does Not Violate First Amendment By Samantha Kuhn – Edited by Chinh Vo U.S. v. Smallwood, 09-CR-00249 (N.D. Tex. July 15, 2011) Slip Opinion hosted by Scribd.co The District Court for the Northern District of Texas rejected a First Amendment challenge to the CAN-SPAM criminal statute, which prohibits the computer transmission of “multiple commercial electronic mail messages, with the intent to deceive or mislead recipients . . . . as to the origin of such ... Read More...
Posted On Aug - 9 - 2011 Comments Off READ FULL POST
Companies provide popular online streaming services but face copyright challenges under the DMCA By Marina Shvarts – Edited by Chinh Vo The rising popularity of online music and video streaming is raising questions concerning what exactly is considered copyright infringement under the Digital Millennium Copyright Act (DMCA). Slight variations in business models can lead to distinguishable precedent and unclear case law. As a result, some companies are attempting to negotiate licensing agreements, while others believe that their models are legal ... Read More...
Posted On Aug - 8 - 2011 Comments Off READ FULL POST
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