Section 1201 Rulemaking: Fifth Triennial Proceeding to Determine Exemptions By Jessica Vosgerchian – Edited by Dorothy Du Recommendation of the Register of Copyrights On October 25, the Register of Copyrights and the Librarian of Congress announced new recommendations for exemptions to Section 1201(a)(1)(A) of the Digital Millennium Copyright Act (“DMCA”) effective October 28. Section 1201(a)(1)(A) of the DMCA makes it illegal to circumvent technological controls found in electronic devices that control access to copyrighted works. Section 1201(a)(1)(B), however, allows the ... Read More...
Archive for the ‘Software Licenses’ Category
Ninth Circuit Holds that Apple did not Engage in Copyright Misuse By Laura Fishwick – Edited by Michael Hoven Apple Inc. v. Psystar Corp., No. 10-15113 (9th Cir. Sept. 28, 2011) Slip Opinion The Ninth Circuit affirmed the Northern District of California’s holding that Psystar infringed Apple’s federal copyrights, and vacated and remanded the district court’s grant of Apple’s motion to seal summary judgment papers. The district court had rejected Psystar’s defense of copyright misuse, in which Psystar had argued ... Read More...
Fifth Circuit Reverses Summary Judgment for Plaintiffs’ Breach of Contract Claim By Nathan Lovejoy – Edited by Avis Bohlen The Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., __ F.3d __, 2010 WL 4056112, No. 09-10726 (5th Cir. Oct. 18, 2010) Slip Opinion In Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., the United States Circuit Court for the Fifth Circuit reversed and remanded the decision of the United States District Court for the Northern District of Texas, which had ... Read More...
By Kassity Liu JD ’12 Edited by Joey Seiler Editorial Policy On October 6, 2009, Eolas Technologies Inc., a research and development company specializing in web solutions, filed a federal lawsuit in the Eastern District of Texas against 23 prominent companies in the software and Internet industry. Eolas claims that these companies are infringing two of its patents, U.S. Patent No. 5,838,906 (’906 Patent) and U.S. Patent No. 7,599,985 (’985 Patent). These two patents cover technology that enables websites to ... Read More...
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...
