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DMCA Copyright Infringement Case, and Immigration Matter

By FindLaw Staff on September 30, 2010 | Last updated on March 21, 2019

In Bokhari v. Holder, No. 09-60538, a petition for review of the BIA's determination that petitioner was ineligible for adjustment of status, the court denied the petition where 1) the employment authorization provided to petitioner under 8 C.F.R. section 274a.12(b)(20) did not provide him with lawful immigration status; and 2) petitioner was in unlawful immigration status, as defined in 8 C.F.R. section 1245.1(d)(1)(ii), after June 10, 2003, and he unlawfully remained in the United States for more than 180 days thereafter.

In MGE UPS Sys. Inc. v. GE Csmr. & Indus. Inc., No. 08-10521, a copyright infringement action based on alleged misappropriation of power supply software code, the court affirmed partial summary judgment for plaintiff where plaintiff did not show that defendant circumvented plaintiff's software protections in violation of the Digital Millennium Copyright Act.  However, the court reversed in part where 1) plaintiff failed to show damages under section 504(b) of the Copyright Act; and 2) defendant did not have the burden of demonstrating which portions of defendant's revenue were not attributable to the state law claims.

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