We found 3,883 results for "Internet Law & Strategy"...
Raising a License Defense In a Copyright Infringement Action
August 26, 2003
The Copyright Act (17 U.S.C. Sec. 204) provides that '[a] transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.' A copyright infringement defendant may argue that it made use of a plaintiff's work pursuant to a grant of rights or license from the plaintiff. Where a license is written, the consent defense is relatively straightforward, and frequently turns on whether or not the defendant acted in accordance with the terms and scope of the license at issue. Where no writing exists, however, a plaintiff can more readily challenge such consent and force the defendant to face the writing hurdle imposed by Sec. 204.
Interpreting Court's 'Grokster' Ruling In Light of 'Napster' Case Precedent
August 25, 2003
The recent ruling by the U.S. District Court for the Central District of California upholding the distribution of decentralized peer-to-peer file-sharing software has made the entertainment industry's legal battle to eliminate the free exchange of content over the Internet seem even more insurmountable. Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 01-08541. While industry executives tout a silver lining in District Judge Stephen V. Wilson's finding that consumers commit direct copyright infringement by using such technology, this nevertheless is the first major ruling against the entertainment business on the file-sharing issue. The odds on the entertainment industry prevailing on appeal are tight because the district court relied primarily on distinguishing the Ninth Circuit's holding in A & M Records Inc. v. Napster Inc. But a close look at Grokster provides some useful ideas for the entertainment industry to consider in its fight.
BIT PARTS
August 24, 2003
Malpractice Suit to Continue. The New York Supreme Court, Sullivan County, has decided that a legal malpractice suit can proceed against the firm Proskauer Rose. Plunket v. Hart, 185202 (Jan. 24). The malpractice and breach-of-contract action was filed by Andrea Plunket, the administrator of the literary properties of Sir Arthur Conan Doyle, after a Manhattan federal court ordered her to pay $135,521 in attorney fees and costs for bringing what the federal court concluded was an objectively unreasonable copyright and trademark infringement suit against the estate of Doyle's daughter. Proskauer Rose had unsuccessfully argued standing, forum and joinder of parties issues on behalf of Plunket in the federal case.
Implications of 'Eldred' Ruling
August 24, 2003
The recent US Supreme Court decision upholding the Sonny Bono Copyright Term Extension Act (CTEA) ' which added 20 years to existing and future copyright terms ' has been hailed as an important victory for major studios and other entertainment copyright holders. Eldred v. Ashcroft, 123 S.Ct. 769 (Jan. 15). This is especially so given both the Court's clear deference to what Justice Ruth Bader Ginsburg, writing for the majority, acknowledged was the 'unbroken congressional practice' of extending US copyright terms and the entertainment industry's strong lobbying presence in Washington, DC. But other critical copyright issues facing the entertainment industry may be impacted but not resolved by the Eldred ruling.
CAMEO CLIPS
August 24, 2003
Federal copyright law didn't preempt state law claims brought over a settlement agreement for use of a song, the US District Court for the Eastern District of California has decided. (Johnson v. Tuff-n-Rumble Management Inc.,) 02-1734 (Dec. 13). The district court had previously found that the plaintiffs in part transferred part ownership of the song 'It Ain't My Fault' to Tuff-n-Rumble, which then entered into a settlement agreement with No Limit Records to allow the latter to license the song to third parties. The plaintiffs later filed suit in the Civil District Court for the Parish of New Orleans seeking damages and to nullify the settlement agreement.
Decision of Note
August 24, 2003
The US District Court for the Southern District of New York has decided that the negative impact of the Napster free file-sharing software on the ability to sell sound recordings over the Internet didn't give rise to a frustration of purpose defense in a suit over failure to pay the full license fee for the right to sell Who recordings online. Profile Publishing v. Musicmaker.com Inc., 01-2886 (Jan. 24).
First Quarter E-Commerce Up From Year Ago, But Down From Fourth Quarter
August 23, 2003
Estimated first quarter U.S. e-commerce sales totaled $11.921 billion, the Census Bureau reported in May. The amount was a 25.9% increase from last year's first quarter.
Developments of Note
August 23, 2003
Recent developments in e-commerce law and in the e-commerce industry.
ADR: Increasingly Popular For Fixing E-Commerce Disagreements
August 23, 2003
Even though e-commerce has become a norm, businesspeople and consumers buy goods and services online without considering for a second how using the Internet has brought those goods and services to people and locations that would not have enjoyed these benefits a decade ago.
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