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Hyperlinking As Infringement
Can hyperlinks on one Web site that link to another site where copyrighted materials are displayed constitute copyright infringement? Although at least two earlier decisions, Ticketmaster Corp. Tickets.com, Inc., 2000 WL 525390 (C.D. Cal. 2000) and Bernstein v. J.C. Penney, Inc., 1998 WL 906644 (C.D. Cal. 1998), have declined to recognize the potential of copyright infringement from the mere use of such hyperlinks, the recent Indiana federal district court case, Batesville Services, Inc v. Funeral Depot, Inc., Case No. 1:02-cv-1011-DFH-TAB (in a decision labeled “not intended for publication in print,” Nov. 10, 2004), concluded that a defendant's use of hyperlinks on a Web site that link to copyrighted material on another Web site could constitute copyright infringement.
Although the court's decision in Batesville granted plaintiffs' motion for summary judgment, striking a variety of the defendant's defenses, including fair use, the reasoning of that part of the court's decision, which left for trial the ultimate merits of the copyright infringement claims, is the focus of this article.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.