If a music file is downloaded to a computer and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court for the Southern District of New York in United States v. American Society of Composers, Authors and Publishers (ASCAP), 485 F.Supp.2d 438 (S.D.N.Y. 2007).
How fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, inter alia, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.
Not long ago, in a galaxy eerily close to this one, legal pundits predicted that the fanciful realm of online 'virtual world' gaming would come crashing into the harsh reality of earthly litigation. That day has finally arrived in the case of Bragg v. Linden Research, Inc., et al., serving up a lesson in civil procedure to an attorney with an avatar attempting to avoid arbitration over virtual property rights.
The liability of an Internet service provider is one of the topics that has been vigorously disputed and discussed in Germany. And given the lack of borders in cyberspace, the outcome could impact e-commerce vendors in the United States and elsewhere.
Mover Fails to Prove Jurisdiction in Suit over Internet Site
Filesharing Ruling Against ISP Hailed As Precedent
Peyton Manning or LaDanian Tomlison? Fantasy sports league enthusiasts can argue over who the top pick will be in this year's draft ' without worrying whether they are participating in illegal gambling after a ruling by a federal judge in New Jersey.
Creativity is king, and on the Internet you can be anything imaginable: a man posing as a woman, an undercover agent impersonating a curious boy, or the chief executive of a Fortune 500 company pretending to be an adoring fan of ' himself? So goes the strange tale of John Mackey, the chief executive officer of Whole Foods Market, who used a pseudonymous identity on the Yahoo! message boards for nearly eight years to lambaste competition and promote his supermarket chain's stock, according to documents released by the Federal Trade Commission last month.
Recent court decisions may force the Recording Industry Association of America ('RIAA') to re-evaluate its litigation tactics. In the past, RIAA members were able to file actions against the owners of Internet addresses if their sites were used by others to file share.
Court Finds 'Cut-and-Paste' Chat Room Transcript Inadmissible Evidence
