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Archive for the ‘9th Circuit Decisions’ Category

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
Conviction in Lori Drew MySpace Case Thrown Out By Vera Ranieri – Edited by Amanda Rice United States v. Drew, No. CR 08-0582-GW (C.D. Cal. Aug. 28, 2009) Opinion On August 28, 2009, Judge Wu of the Central District of California released a written opinion outlining his reasons for granting Lori Drew’s FRCP 29(c) motion for a post-verdict acquittal, a decision he had initially announced in early July. Judge Wu’s decision overturned the jury’s conviction of Lori Drew for violating ... Read More...
Posted On Sep - 4 - 2009 2 Comments READ FULL POST
By Ian B. Brooks Paris Hilton Obtains Small Victory in Ninth Circuit WSJ Blogs reports that the Ninth Circuit gave Paris Hilton the green light on August 31 to proceed in her lawsuit against Hallmark for its use of her image and the phrase “That’s Hot” in a birthday greeting card. The court made note of the similarities between the card and Hilton’s appearance on the television show “The Simple Life.” In support of Hilton, the court stated that she ... Read More...
Posted On Sep - 4 - 2009 Comments Off READ FULL POST
Ninth Circuit Holds Anti-Spyware Software Company is Protected by Communications Decency Act Sec. 230 Immunity By Dmitriy Tishyevich-Edited by Anthony Kammer Zango, Inc. v. Kaspersky Lab, Inc., June 25, 2009, No. 07-35800. Slip Opinion On June 25, the Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment for Kaspersky Lab, which distributes software that filters and blocks malicious programs.  The Ninth Circuit held that Kaspersky qualified for civil liability immunity under the Communications Decency ... Read More...
Posted On Jul - 1 - 2009 1 Comment READ FULL POST
By Sarah Sorscher Supreme Court to Consider Business Method Patents Patently-O reports that the Supreme Court granted certiorari on Bilski v. Doll. The Court will address whether a patentable “process” must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing. The Court will also consider whether this “machine-or-transformation” test, which effectively forecloses meaningful patent protection to many business methods, runs counter to the intent of Congress in enacting 35 U.S.C. ... Read More...
Posted On Jun - 6 - 2009 Comments Off READ FULL POST
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