First Circuit Holds That Artists Have Moral Rights In Unfinished Works By Debbie Rosenbaum – Edited by Alissa Del Riego Massachusetts Museum of Contemporary Art Foundation v. Büchel, No. 08-2199 (1st Cir. Jan. 27, 2010) Slip Opinion On January 27, the First Circuit affirmed in part, vacated in part, and remanded for further proceedings the district court’s grant of summary judgment for the Museum of Contemporary Art, holding that artists have moral rights in unfinished artworks. The First Circuit decided ... Read More...

First Circuit Explains Judgment Against File-Sharer Tannenbaum By Eric Engle  – Edited by Miriam Weiler Sony BMG Music Entertainment et al. v. Tannenbaum, Case No. 07cv11446-NG (Dist. Mass., Dec. 7, 2009) Memorandum and Order The U.S. District Court for the District of Massachusetts elaborated on its July 27 summary judgment against Joel Tannenbaum, holding that file sharing for personal use was not presumptively fair under the Fair Use doctrine.  In so holding, the court suggested that Tannenbaum could have escaped ... Read More...

Massive Patent Verdict Overturned By Jia Ryu – Edited by Stephanie Young Uniloc v. Microsoft, No. 03-440 S (D. R.I. Sept. 29, 2009) Opinion The United States District Court for the District of Rhode Island vacated one of the largest patent verdicts in history, in which a jury held that Microsoft’s “Product Activation System” (“PA”) infringed on Uniloc’s patented “System for Software Registration” (the “‘216 patent”). In holding that Microsoft did not infringe as a matter of law, the District ... Read More...

First Circuit Bans Webcast in Trial Court By Debbie Rosenbaum* – Edited by Chris Kulawik In Re: Sony BMG Music Entertainment Et Al., April 16, 2009, No. 09-1090 Opinion On Thursday, April 16, The United States Court of Appeals for the First Circuit in Boston, MA overturned a motion granted  by the district court which would have permitted the oral arguments in the case of Joel Tenenbaum vs. the Record Industry Association of America to be broadcast live over the ... Read More...

First Circuit Lifts Trademark Injunction to Make Way for Super Duck By Miriam Weiler — Edited by Evie Breithaupt Boston Duck Tours v. Super Duck Tours First Circuit, June 18th, 2008, Nos. 07-2078, 07-2246 Slip Opinion On June 18, the First Circuit lifted a preliminary injunction granted by the District Court of Massachusetts, which had enjoined Super Duck Tours, LLC (“Super Duck”) from using the phrase “duck tours” in its trade name and the cartoon of a duck in its ... Read More...