<b>Decision of Note:</b><b>Foreign Website Subject to DC Jurisdiction</b>
May 01, 2004
The U.S. District Court for the District of Columbia decided that a company based in Madrid, Spain, was subject to personal jurisdiction in the District of Columbia by maintaining a Web site that enabled DC residents to download unlicensed sound recordings. The ruling provides a liberal view for finding both specific and general jurisdiction over Internet defendants.
Unreleased O'Jays Recordings Can Be Distributed
May 01, 2004
The U.S. District Court for the Eastern District of Pennsylvania lifted a temporary injunction that barred distribution of a new album by The O'Jays ' whose hits in the 1970s included "Love Train" and "Backstabbers" ' after finding that the group most likely had no power under its contract to stop its label from issuing a collection of previously unreleased songs.
Attorney Fees Update
May 01, 2004
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are recent court rulings that deal with this and related concerns.
Bare Corporate Receipt Doctrine Less Help to Copyright Plaintiffs
May 01, 2004
The first line of defense in most copyright infringement actions revolves around the question of "access" ' namely, whether the defendant had a reasonable possibility of viewing or hearing the plaintiff's work such that the defendant could have copied it illegally. Absent some direct proof that the defendant actually copied the plaintiff's work ' evidence that typically is not present ' a plaintiff will attempt to prove such copying indirectly by establishing that a defendant had access to the plaintiff's work and that the defendant's work is "substantially similar" to the plaintiff's. The U.S. Court of Appeals for the Second Circuit has made it more difficult for plaintiffs to prove access. <BR>Specifically, in the Second Circuit's view, a company's "bare corporate receipt" of a plaintiff's work is insufficient proof of access.
Cameo Clips
May 01, 2004
Recent cases in entertainment law.
EarthLink, Cox Pulled Into Music Piracy Suits
May 01, 2004
Music piracy cases in Georgia could determine whether recording companies must meet certain standards before forcing Internet service providers to hand over the names of subscribers suspected of downloading and circulating copyrighted, bootleg recordings.
Viable e-Signature Options
May 01, 2004
While the Internet continues to replace traditional forms of commerce communication, the use of contracts to memorialize business agreements remains constant. In order to implement more fully the transition to Internet commerce communications, businesses are struggling to find an appropriate replacement for the traditional authentication procedures. In short, businesses seek lawful electronic signatures to replace traditional signatures. This query has resulted in six viable e-signature options.
Using IP Dispute Procedures to Combat Net Fraud
May 01, 2004
Internet fraud is becoming one of the most common and lucrative forms of crime in today's information-based economy. As the Internet has grown, so too have incidences of its misuse. How can intellectual property rights help fight this growing menace?
RIAA Sues More U.S. File-Sharers As Study Shows Infringement in Decline
May 01, 2004
Employing its 'John Doe' litigation strategy again, the Recording Industry Association of America (RIAA) has sued another group of anonymous infringers ' this time 477 people ' accused of illegally distributing copyrighted sound recordings on peer-to-peer file sharing services.
First Amendment Must Yield to Child Pornography Law
May 01, 2004
Facing its first constitutional challenge to the Florida Computer Pornography and Child Exploitation Prevention Act of 1986, the Florida Court of Appeals recently scored a victory for child protection advocates and law enforcement
