Bit Parts

The U.S. Court of Appeals for the Fourth Circuit held that an actress who suffered from post-traumatic stress disorder and severe depression wasn't disabled within the meaning of the Americans with Disabilities Act. Rohan v. Networks Presentations LLC, 03-1637. Affirming on its own grounds, the Fourth Circuit determined that actress Tess Rohan, who had been appearing in a tour production of the musical “Jekyll & Hyde,” had failed to establish that her struggles with social interaction were “sufficiently severe” to show a substantial limitation under 42 U.S.C. Sec. 12102(2)(A). The appeals court also concluded that Rohan failed to establish that the production company had regarded her as substantially limited, as required by 42 U.S.C. Sec. 12102(2)(C).

Internet/File-Sharing

The U.S. District Court for the Northern District of California refused to dismiss a suit by record labels and publishers against Bertelsmann AG and the investment firm Hummer Winblad for investments made when Napster was a file-sharing service that offered unauthorized downloads of sound recordings. UMG Recordings Inc. v. Bertelsmann AG, C 04-1351 MHP. The complaint alleges vicarious and contributory copyright infringement by the defendants by providing funding that permitted Napster to continue its business. The district court noted that the plaintiffs have “stated a claim that Bertelsmann and Hummer Winblad ' as entities exercising full control over Napster's operations ' were directly responsible for the infringing activity perpetrated by Napster's online users; more than merely knowing of and contributing to the infringing activity, they are alleged to have specifically ordered that such activity take place. … [A]t this stage the court need not pass upon the question of whether mere financial support of a contributing and vicarious infringer such as Napster ' without more direct involvement ' would give rise to a claim for contributory or vicarious infringement against the party providing the funding. Plaintiffs' far more extensive allegations suffice to defeat defendants' motions to dismiss.”

Misappropriation/RICO Claim