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By Nathan Lovejoy Lime Wire Damages Limited To One Statutory Damage Award Per Work Judge Kimba Wood ruled on March 10th that the statutory damages provision of the Copyright Act authorizes only one damage award per work infringed rather than one award for every infringement. Wood noted that had she adopted the record industry plaintiff’s interpretation the potential damages against the file-sharing software company would be “more money than the entire recording industry has made since Edison’s invention of the ... Read More...
Posted On Mar - 26 - 2011 Comments Off READ FULL POST
District Court Holds Unconstiutional Qui Tam Provisions of False Marking Statute By Nathan Lovejoy – Edited by Chinh Vo Unique Prod. Solutions, Ltd. v. Hy-Grade Valve, Inc., No. 5:10-CV-1912 (N.D. Ohio Feb. 23, 2011) Slip opinion hosted by Inventive Step The U.S. District Court for the Northern District of Ohio granted defendant Hy-Grade’s motion to dismiss on the grounds that the qui tam provision of the Patent Act’s False Marking statute, 35 U.S.C. § 292, is unconstitutional. The district court held ... Read More...
Posted On Mar - 6 - 2011 Comments Off READ FULL POST
Written by Nathan Lovejoy Edited by Harry Zhou Editorial Policy The September 30th issue of Rolling Stone featured an article provocatively titled “How to Save the Music Business” by U2 manager Paul McGuinness. In it, McGuinness shifts a hefty portion of responsibility for online copyright infringement to Internet service providers: “Let’s get real: Do people want more bandwidth to speed up their e-mails or to download music and films as rapidly as possible?”[i] He goes on to argue that service ... Read More...
Posted On Jan - 13 - 2011 Comments Off READ FULL POST
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...
Posted On Nov - 2 - 2010 Comments Off READ FULL POST
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