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Archive for the ‘Jurisdiction’ Category

No Permission Needed to Copyright a Derivative Work By Adrienne Baker – Edited by Ian C. Wildgoose Brown Schrock v. Learning Curve Int’l, No. 08-1296 (7th Cir. Sep. 9, 2009) Opinion On November 5, the Court of Appeals for the Seventh Circuit reversed and remanded a decision of the District Court for the Northern District of Illinois, which had ruled that copyright for a derivative work requires permission from the underlying copyright holder to be valid. The district court’s ruling ... Read More...
Posted On Nov - 15 - 2009 Comments Off READ FULL POST
Constitutional Challenge to Gene Patents Survives Motion to Dismiss By Davis Doherty – Edited by Jad Mills Assn. for Molecular Pathology, et al. v. USPTO, et al., Case no. 09-CV-4514 (S.D.N.Y. Nov. 2, 2009) Slip Opinion (hosted by Patent Baristas) The United States District Court for the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ claim that patents on a human gene violate the First Amendment and Article I of the Constitution for jurisdictional issues, lack of standing, ... Read More...
Posted On Nov - 10 - 2009 Comments Off READ FULL POST
By Andrew Jacobs Court Issues TRO Against Sales of Beatles Music “Simulation” Ars Technica reports that on November 5, a Central District of California judge issued a temporary restraining order (TRO) against BlueBeat.com, a website offering 25-cent downloads and free streaming of thousands of copyrighted songs, most notably including the entire Beatles catalog. The order is part of a suit filed on November 3 by Capitol, EMI, Priority, and Virgin Records, claiming copyright infringement and various state law violations. In ... Read More...
Posted On Nov - 8 - 2009 Comments Off READ FULL POST
Court Suppresses Email Evidence in Bear Sterns Case By Stuart K. Tubis – Edited by Jad Mills U.S. v. Cioffi, et al., Case No. 08-CR-415 (FB) (E.D.N.Y. Oct. 26, 2009) Slip Opinion (hosted by WSJ) The Eastern District of New York granted defendant Matthew Tannin’s motion to suppress evidence obtained from his personal Gmail account. Ralph Cioffi and Matthew Tannin were charged with conspiracy, securities fraud and wire fraud in connection with their roles as Bear Sterns hedge fund managers. ... Read More...
Posted On Nov - 6 - 2009 Comments Off READ FULL POST
Ninth Circuit Adopts National Obscenity Standard in Adult Website Spam Case By Ian B. Brooks – Edited by Alissa Del Riego United States v. Kilbride, No. 07-10528 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has affirmed the District Court for the District of Arizona, which had convicted and sentenced defendants Jeffery Kilbride and James Schaffer of transporting obscene materials for sale. The Ninth Circuit held that a national community standard “must be applied in regulating obscene speech on ... Read More...
Posted On Nov - 2 - 2009 Comments Off READ FULL POST
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