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Archive for the ‘District Courts’ Category

By Kassity Liu Judge Orders Copyright Plaintiff to Justify Joining Thousands of Defendants in a Single Lawsuit Ars Technica reports that Federal Judge Rosemary Collyer ordered the US Copyright Group to explain why joining thousands of anonymous “John Does” into one lawsuit is permissible under the Federal Rules of Civil Procedure (FRCP). The judge, after encountering one case that was filed against 4,577 anonymous P2P defendants, issued the order requiring the Group to “convince [her] within two weeks that jamming ... Read More...
Posted On Jun - 14 - 2010 Comments Off READ FULL POST
Stored Communications Act Protects Facebook and MySpace Users’ Private Communications By Kathryn Freund – Edited by Jad Mills Crispin v. Christian Audigier, Inc., CV 09-09509-MMM-JEMx (C.D. Cal. May 26, 2010) Order The Central District of California reversed and quashed Magistrate Judge McDermott’s order granting a subpoena to obtain private Facebook and MySpace messages and vacated and remanded his order granting a subpoena to obtain Facebook wall postings and MySpace  comments. Judge Morrow held that private messages sent using Facebook and ... Read More...
Posted On Jun - 11 - 2010 1 Comment READ FULL POST
District Court Denies Preliminary Injunction Against File Sharing Service By Leocadie Welling – Edited by Ryan Ward Perfect 10, Inc. v. Rapidshare, No. 09-CV-2596 (S.D. Cal. May 18, 2010) Opinion On May 18, the District Court for the Southern District of California denied plaintiff Perfect 10’s motion for a preliminary injunction against RapidShare, a file sharing service. The court held that Perfect 10 failed to show a likelihood of success on the merits of their direct and contributory copyright infringement ... Read More...
Posted On May - 26 - 2010 Comments Off READ FULL POST
Another Win for the Record Companies in an Inducement Claim Against Lime Wire By Sharona Hakimi – Edited By Ryan Ward Arista Records LLC v. Lime Group LLC, No. 06 CV 5936 (KMW) (S.D.N.Y. May 11, 2010) Slip Opinion On May 11, 2010, the Southern District Court of New York granted summary judgment against Lime Wire for inducing copyright infringement of Arista Records’ music, but denied summary judgment for either side on Arista’s contributory infringement claim. The court held that ... Read More...
Posted On May - 23 - 2010 Comments Off READ FULL POST
By Caity Ross Edited by Abby Lauer Editorial Policy In 2004, Fiona Murray and Kyle Jensen published a prominent article in the journal Science. They reported that the USPTO had issued 4,270 human gene patents for 4,382 distinct human genes. Approximately one-fifth of known human genes were claimed in a U.S. patent.[1] Beyond human genes, there are approximately 20,000 patents covering a wide range of naturally occurring DNA sequences.[2] Gene patents include “[n]ine patents [that] have been applied for on the genes which determine your eyeball, 40 on ... Read More...
Posted On May - 14 - 2010 Comments Off READ FULL POST
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