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Limit on Assigning Right to Pursue Online Copyright Infringement
Can a business model be sustained for procuring the right from copyright owners to pursue alleged copyright infringements in the online world? Content companies may seek the services of such a company. But the U.S. Court of Appeals for the Ninth Circuit decided in 2005 that a party who obtained the right to sue over infringement of a copyright ' but didn't also obtain legal or beneficial ownership in the work ' couldn't file an infringement action. See, Silvers v. Sony Pictures Entertainment Inc., 402 F.3d 881 (9th Cir. 2005). And though the Fifth Circuit has a more liberal view of who can file infringement claims (see, Prather v. Neva Paperbacks Inc., 410 F.2d 698 (5th Cir. 1969)), the Second Circuit follows a more restrictive rule: Only owners of exclusive rights in copyrights may pursue infringement claims. See, Eden Toys Inc. v. Florelee Undergarment Co., 697 F.2d 27 (2d Cir. 1982).
In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers such as The Denver Post and Las Vegas Review-Journal to file infringement suits over unauthorized online reproductions of the publishers' content. In several cases, the U.S. District Court for the District of Nevada, which is within the Ninth Circuit, has cited the Silvers decision to block Righthaven's claims. Now the U.S. District Court for the District of Colorado, which is within the Tenth Circuit, has raised a Silvers-type bar against Righthaven. Righthaven LLC v. Wolf, 1:11-cv-00830.
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.