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Archive for the ‘District Courts’ Category

E-book Conspiracy: Apple’s Agreement with Publishers Violates Antitrust Laws

United States v. Apple
By Elise Young – Edited by Gillian Kassner

On July 10, 2013, the Southern District of New York held that Apple played a central role in a conspiracy among major publishers to “eliminate retail price competition” in the e-book market. The court ruled that Apple was per se liable for violating Section 1 of the Sherman Act, finding “overwhelming evidence that the Publisher Defendants joined with each other in a horizontal price-fixing conspiracy” in which “Apple was a knowing and active member.”

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Posted On Jul - 21 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Alex Shank

Federal Circuit Holds that Good-Faith Belief in Invalidity May Disprove Intent to Induce Infringement

Pandora Contends that Michigan Privacy Law Does Not Apply to Streamed Music

Chinese Wind Turbine Company Indicted on Misappropriation of U.S. Company’s Trade Secrets

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Posted On Jun - 29 - 2013 Comments Off READ FULL POST

Filmmakers Sue to Restore “Happy Birthday” to Public Domain

Good Morning to You Productions v. Warner/Chappell Music
By Samantha Rothberg – Edited by Gillian Kassner

Good Morning to You Productions Corp. (“GMTY”) sued Warner/Chappell Music, Inc. (“Warner/Chappell”), the copyright holder of “Happy Birthday to You.” GMTY seeks to invalidate the copyright, restore the song to the public domain, and force Warner/Chappell to repay substantial licensing fees. GMTY alleges that any valid copyright in the song expired long ago.

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Posted On Jun - 24 - 2013 Comments Off READ FULL POST

Burdens of Discovery for Scientific Working Materials and Deliberative Documents

Written by: Evelyn Y. Chang
Edited by: Jessica Vosgerchian

In March of 2012, British Petroleum sought court enforcement of a subpoena for “any conversation or discussion” made by researchers from WHOI regarding their studies on the Deepwater Horizon oil spill. The court applied a balancing test that weighed BP’s need for the requested information against the burden placed on WHOI, and required the WHOI researchers disclose internal pre-publication materials relating to the studies cited in the government report.

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Posted On May - 19 - 2013 Comments Off READ FULL POST

District Court Grants Summary Judgment to YouTube in Viacom v. YouTube (Again)

Viacom Int’l Inc. v. YouTube, Inc.
By Pio Szamel – Edited by Laura Fishwick

On April 18, 2013 the U.S. District Court for the Southern District of New York once again granted summary judgment for YouTube in Viacom Int’l Inc. v. YouTube, Inc., on remand from the Second Circuit Court of Appeals. Judge Louis L. Stanton held that YouTube did not have any actual knowledge of any specific infringements of the Viacom content in suit, nor was it willfully blind to any such specific infringements.

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Posted On May - 2 - 2013 Comments Off READ FULL POST
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