Cases
- A&M Records, Inc. v Napster, Inc. 239 F.3d 1004 (9th Cir. 2001) Plaintiffs are likely to prevail on their claims of copyright infringement.
- A&M Records, Inc. v. Napster, Inc. Nos. 00-16401, 00-16403 (February 12, 2001) While plaintiffs have shown that the digital file sharing service is likely to contribute to infringement of their copyrights, and defendant has shown no valid defense for its service, the district court's preliminary injunction was impermissibly overbroad in requiring defendant alone to police its service, as plaintiffs have some responsibility for protecting their own intellectual property.
- ALS Scan, Inc. v. Remarq Communities, Inc. No. 00-1351 (4th Cir. February 6, 2001) When a letter provides notice equivalent to a list of representative works that can be easily identified by the Internet service provider, the notice substantially complies with the notification requirements of 17 USC 512(c) 3) A) and the ISP must remove infringing works or lose its safe harbor under the Digital Millenium Copyright Act.
- Am. Amusement Mach. Assoc. v. Kendrick No. 00-3643 (7th Cir. March 23, 2001) Plaintiffs are entitled to a preliminary injunction enjoining the enforcement of municipal ordinance limiting the access of minors to video games that depict violence, where the harm to plaintiffs is greater than the purely conjectural benefits of the ordinance to citizens.
- Bonneville Int'l Corp. v. Peters No. 01-0408, 2001 WL 869625 (E.D.Pa. Aug. 1, 2001) Because Congress delegated to the Copyright Office the power to regulate copyright in sound recordings, the Copyright Office did not exceed its authority by interpreting the statutory exemption from copyright coverage for sound recordings to not encompass "streaming," occurring when licensed radio station transmitted sound recording over its web site while simultaneously broadcasting recording over air.
- Costar Group Inc. v. Loopnet, Inc. No. DKC 99-2983 (D. Md. September 28, 2001) The safe harbor defense under the Digital Millennium Copyright Act, 17 USC 512(c) 1), protects online service providers even if they have a human review process for determining whether material is infringing, as long as there was no actual knowledge of copyright infringement.
- Feist Publ'ns v. Rural Tel. Serv. Co. 499 U.S. 340 (1991) White pages are not entitled to copyright, and therefore use of them does not constitute infringement.
- Lotus Dev. Corp. v. Borland Int'l, Inc 49 F. 3d 807 (1st Cir. 1995) Because we hold that the Lotus menu command hierarchy is uncopyrightable subject matter, we further hold that Borland did not infringe Lotus's copyright by copying it) The judgment of the United States Court of Appeals for the First Circuit was affirmed per curiam by an equally divided U.S. Supreme Court in Lotus Development Corp. v. Borland Intl., Inc., __U.S. __ (1996).
- MAI Sys. Corp. v. Peak Computer, Inc. 991 F.2d 511 (9th Cir. 1993) Copying software to RAM violates license.
- Microsystems Software, Inc. v. Scandinavia Online AB No. 00-1503, (1st Cir. 2000) Copiers of the code who chose not to become defendants tried to appeal the District Court injunction against publishers of a bypass code known as "cp4break.zip" or "cphack.exe" as well as "all persons in active concert or participation" with them. However, these putative defendants had no standing to appeal district court's injunction because they failed to intervene in the case below.
- New York Times Co., Inc. v. Tasini No. 00-201 (US June 25, 2001) Databases that reproduce and distribute articles standing alone and not in context, and not as part of that particular collective work to which the author contributed, are not revisions for purposes of the 17 USC 201(c) safe harbor from copyright infringement).
- People v. Kurey 88 Cal.App.4th 840 (2001) Testimony that actors in downloaded computer clip "appeared" to be minors is admissible to establish that the actors in the clip were actually minors to support a child pornography conviction.
- Random House, Inc. v. Rosetta Books LLC No. 01cv01728 (S.D.N.Y. July 11, 2001) The right to print, publish and sell a work in book form does not include digital rights unless specifically stated.
- Specht v. Netscape Communications Corp. No. 00 Civ. 4871 (S.D.N.Y. July 3, 2001) The act of downloading software, without any corresponding action to indicate express assent and acceptance of a "click-wrap" contract, does not indicate a meeting of the minds, so provisions of the contract requiring arbitration of disputes are unenforceable.
- The Rodgers & Hammerstein Org. v. UMG Recordings, Inc. No. 00cv09322 (S.D.N.Y. September 25, 2001) Under 17 USC 115(a) 1), the compulsory license allowing distribution of copies of sogs on phonorecords does not extend to streaming audio over the Internet.
- Universal Studios v. Reimerdies 82 F. Supp. 2d 211 (S.D.N.Y. 2000) DeCSS case
Statutes
Regulations
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