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  • In an important decision interpreting the fair use provision of the Copyright Act (17 U.S.C. '107), the U.S. Court of Appeals for the Seventh Circuit recently held that downloading full copies of copyrighted material without compensation to authors cannot be deemed 'fair use.' In BMG Music v. Gonzalez, Judge Frank H. Easter-brook, writing for a unanimous three-judge panel, rejected the defendant's argument that she was immune from liability because she was merely sampling songs that she had downloaded from the KaZaA file-sharing network on a 'try-before-you-buy basis.'

    March 30, 2006Leslie Gordon Fagen, Andrew G. Gordon and Darren W. Johnson
  • On Feb. 7, 2006, the Tenth Circuit Court of Appeals affirmed a judgment of trademark infringement in favor of manufacturers of tanning lotions against several unauthorized distributors. The defendants had paid for preferential search engine listings when computer users searched for plaintiffs' trademarks and has also placed plaintiffs' trademarks in the metatags of their Web sites (metatags are internal Web site coding often used by search engines to identify the content of Web sites).

    March 30, 2006Jason D. Sanders
  • Two veterans of the Supreme Court bar argued forcefully ' and inconclusively ' on March 29 in a high-stakes dispute over how easy it should be for a patent holder to win an injunction against an infringer.

    March 30, 2006Tony Mauro
  • Rulings of importance to you and your practice.

    March 30, 2006ALM Staff | Law Journal Newsletters |
  • In-depth analysis of recent rulings.

    March 30, 2006ALM Staff | Law Journal Newsletters |
  • Analysis of key rulings.

    March 30, 2006ALM Staff | Law Journal Newsletters |
  • The impact of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) on the power of local zoning authorities has been the subject of much concern across the country. In New York, the primary focus of attention has been on efforts by the Village of Mamaroneck to thwart the expansion plans of the Westchester Day School (WDS), which has operated a Jewish day school in a residential neighborhood for more than 50 years. The latest chapter in the saga is an opinion by Judge Conner of the Southern District ordering the Mamaroneck Zoning Board of Appeals to approve the Day School's special permit application. The opinion is noteworthy on two fronts: first, for its broad construction of 'religious exercise,' and second for its treatment of the compelling government interests that might justify placing a substantial burden on religious exercise.

    March 30, 2006Stewart E. Sterk
  • Everything in this issue, listed in an easy-to-use format.

    March 30, 2006ALM Staff | Law Journal Newsletters |
  • Recent rulings of importance to you and your practice.

    March 30, 2006ALM Staff | Law Journal Newsletters |