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Archive for the ‘1st Circuit Decisions’ Category

In Balancing the First Amendment and Preventing Sex Trafficking, First Circuit Holds in Favor of Free Speech

By Yaping Zhang – Edited by Danielle Kehl

The First Circuit unanimously affirmed the dismissal of the claims of three victims of child sex trafficking against the website through which they had been prostituted. The court’s decision was based in the 1996 Communications Decency Act, under which a websites are not typically treated as the publisher or speaker of content posted on the site by others, and cannot be held liable for that content.


Posted On Apr - 4 - 2016 Comments Off READ FULL POST

Flash Digest: News in Brief
By Katherine Walecka

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive


Posted On Jul - 15 - 2013 Comments Off READ FULL POST
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...
Posted On Feb - 2 - 2010 Comments Off READ FULL POST
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...
Posted On Dec - 17 - 2009 Comments Off READ FULL POST
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...
Posted On Oct - 9 - 2009 Comments Off READ FULL POST
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