U.S. appeals court affirms district court decision that a download is not a performance under the Copyright Act By Greg Tang – Edited by Ian C. Wildgoose Brown United States v. Am. Soc’y of Composers, Authors & Publishers, No. 09-0539 (2d Cir. September 28, 2010) Opinion On September 28, the United States Court of Appeals for the Second Circuit affirmed the ruling of the Southern District of New York that a digital download of a song does not constitute a public performance under section 106(4) of ... Read More...
Archive for the ‘Jurisdiction’ Category
District court dismisses patent infringement claim against Wildtangent By Andrew Segna – Edited by Matt Gelfand Ultramercial, LLC v. Hulu, LLC, No. CV 09-06918 RGK (C.D. Cal. Aug. 13, 2010) Opinion hosted by The Hollywood Reporter On August 13, the United States District Court for the Central District of California granted Wildtangent, Inc.’s motion to dismiss against Ultramercial, LLC’s patent infringement claim. Hulu, LLC also made a similar motion that was rendered moot. In granting the motion to dismiss, the ... Read More...
DC District Court Orders a Halt to Federally Funded Embryonic Stem Cell Research By Jessica Palmer – Edited by Ryan Ward Sherley v. Sebelius, 2010 U.S. Dist. LEXIS 86441 (D.D.C. August 23, 2010) Memorandum Opinion On August 23, the United States District Court for the District of Columbia granted a preliminary injunction blocking the implementation of the National Institutes of Health (NIH)’s July 2009 guidelines for human embryonic stem cell (hESC) research. Judge Royce Lamberth held that “because the Guidelines ... Read More...
By Emily Hoort Attorneys General Demand Removal of Craigslist’s “Adult Services” Section ScrippsNews reports that attorneys general in at least 18 states have demanded that Craigslist remove its adult services section. A failure to comply with this request will likely lead to a court battle, with possible charges that Craigslist is aiding and abetting illegal activity. There may also be legislative action calling for reforms of the Digital Millennium Copyright Act and Communications Decency Act. These statutes generally protect websites, ... Read More...
Lawyer Violates Telephone Consumer Protection Act with Outsourced Newsletters By Ian B. Brooks – Edited by Jad Mills Holtzman v. Turza, No. 08-C-2014 (N.D. Ill. Aug. 3, 2010) Opinion hosted by Google The United States District Court for the Northern District of Illinois ruled that a lawyer makes unsolicited advertisements under the Telephone Consumer Protection Act (“TCPA”) when his primary purpose for hiring a company to distribute his materials via facsimile was to advertise his services. Granting the plaintiff’s summary ... Read More...
