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14 May 8:47 am by admin
I thought it'd be worthwhile do revisit the DMCA portion of the order in Facebook v. Power Ventures that we discussed a couple of days ago. There is a lot going on in the DMCA analysis ... holding there are some clarifications in order. The Court cited Chamberlien Group, Inc. v. Skylink Techs, Inc. for the prima facia test for a DMCA violation: The elements necessary to state a ... measure. See Chamberlain Group, Inc. v. Skylink Techs, Inc., 381 F.3d 1178, 1203 (Fed. Cir. 2004). Facebook's terms of use ...
Ex©lusive Rights - http://www.exclusiverights.net
17 May 8:41 am by admin
I thought it'd be worthwhile do revisit the DMCA portion of the order in Facebook v. Power Ventures that we discussed a couple of days ago. There is a lot going on in the DMCA analysis ... holding there are some clarifications in order. The Court cited Chamberlien Group, Inc. v. Skylink Techs, Inc. for the prima facia test for a DMCA violation: The elements necessary to state a ... measure. See Chamberlain Group, Inc. v. Skylink Techs, Inc., 381 F.3d 1178, 1203 (Fed. Cir. 2004). Facebook's terms of use ...
Ex©lusive Rights - http://www.exclusiverights.net
14 May 6:00 am by admin
Facebook, Inc. v. Power Ventures, Inc., 2009 WL 1299698 (N.D. Cal. 2009) The Northern District Court of California issued an order on Monday that, truth be told, has left me befuddled. I previously ... , such as graphics, video and sound files. [citation omitted] The Court's analysis seems misguided or at the very least tangential. Facebook already identified the breadth of its copyright suit through its copyright registration, which the complaint lists as titled "Facebook Homepage." It would likely ...
Ex©lusive Rights - http://www.exclusiverights.net
27 May 6:17 pm by David Johnson
... In December 2008, shortly after the site premiered, Power.com was sued by Facebook. (Facebook, Inc. v. Power Ventures, Inc., et al., U.S.D.C., ... Millennium Copyright Act and violation of California's unfair competition law. In response, Power.com brought a motion to dismiss/motion for more definite statement -challenging the sufficiency of the allegations ... measure designed to protect the copyrighted material. See Chamberlain Group, Inc. v. Skylink Techs, Inc. 382 F.3d 1178, 2103 (Fed. Cir. 2003). ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
1 Jun 5:21 am by Jim Singer
The use of an automated system to obtain personal data about Facebook members not only violates Facebook's terms of use; it also may constitute copyright infringement, according to a recent decision from the US District Court for the Northern District of California. In Facebook, Inc. v. Power Ventures, Inc. (N.D. Cal. 5/11/09), the defendant operated Power.com, a [...]
IP Spotlight - http://ipspotlight.com
12 Jun 2:56 pm
Case: Facebook v. Power Ventures, Inc., N.D. Calif. Case No. C08-5780 JF (May 11, 2009) The One Sentence Summary: A complaint alleging copyright infringement ... "), 18 U.S.C. § 1030 et seq.; and California Penal Code § 502. Facebook also alleged that Defendants committed direct and indirect copyright infringement when they made copies of ... the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 1201, et seq. Facebook also asserted claims for relief based on state and federal trademark law, as well ...
IP Law Observer - http://www.iplawobserver.com
11 Aug 6:00 am by admin
... ., Movie Gallery, Inc., Quality King Distributors, Inc., Target Corporation,in Support of Petitioners Brief for Respondent in Opposition (Omega) Reply Brief for Petitioner (Costco) Salinger v. Colting The New York Times Company, the Associated ... the problems caused by the backlog for obtaining copyright registration. The most controversial of the measures may be the proposed amendment that would eliminate mandatory deposit for electronic works. (Are we allowed to call this the Facebook amendment?)
Ex©lusive Rights - http://www.exclusiverights.net
9 Jun 11:35 am by Eric
... , breaking a number of links throughout the web. Here's a short recap of the article.] * Stengle v. Office of Dispute Resolution, 2009 WL 1138119 (M.D. Pa. April 27, ... of the Defendants' conduct actionable under the circumstances. This case reminded me some of Richerson v. Beckon from last year. * JuicyCampus redux: People's Dirt. Let the angst over ... Matthew Ryan's (aka ":D") motion to dismiss for lack of jurisdiction. * Facebook v. Power Ventures, Inc., 2009 WL 1299698 (N.D. Cal. May 11, 2009). ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
27 Jun, 2008 10:04 am
... enforcement options paper: (IPwar's), Patent 'rocket' procedures: Black & Decker Inc v GMCA Pty Ltd: (IPwar's), New requirements to qualify as patent or ... : (Hal Wegner), John McCain's prize system: $300 million for battery power: (Patently-O), (IP finance), Examine this - difference in Dudas and Brimelow's ... : (IP Law360), Expedia - Expedia, Match.com settle over patent related to displaying information on websites: (IP Law360), Facebook - District judge enforces settlement agreement between ...
IP Thinktank - http://duncanbucknell.com/blog
5 Jun 6:00 am by admin
... of its alleged infringement on February 19, 2008. Why is this paragraph particularly notable? As we encountered in Facebook v. Power Ventures, the primary situation where a court risks running into a mudstorm by allowing a case to proceed after ... claim, there is no way for the litigants or the tribunal to be sure of the boundaries of the suit. So back to Tri-Marketing, Inc v. Mainstream Marketing Services: The Plaintiff claimed infringement of a website, the type of work that may cause trouble if ...
Ex©lusive Rights - http://www.exclusiverights.net
2 Aug, 2008 12:54 am
... version of online Scrabble, then sues makers of Scrabulous; Scrabulous shuts down on Facebook then relaunches as Wordscraper: (Spicy IP), (Techdirt), (The Trademark Blog), (Out-Law), ( ... damages in trade mark case Pharmacommunications Holdings Inc v Avencia International Inc: (Canadian Trademark Blog), RIAA v. Almost 30,000 People (Excess ... mark: (Spicy IP), India's Copyright Board given royalty-fixing powers: (IP finance), Geographical Indications in India: Playing the numbers game: (Spicy IP), ...
IP Thinktank - http://duncanbucknell.com/blog
12 Apr 1:03 pm by Eric
By Eric Goldman Security * Massachusetts Data Security regulations were amended. * In Facebook v. Power.com, Facebook brought another lawsuit to block extraction of user data from the site (similar ... of users who didn't agree to the initial contract, see CoStar Realty Information, Inc. v. Field, 2009 WL 841132 (D. Md. March 31, 2009). ... 2008 U.S. Dist. LEXIS 101050. See generally this Proskauer recap. In Saulic v. Symantec Corp., a California law prohibiting data collection with credit card sales was ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
22 Feb, 2008 6:00 pm
... v Swingward trade mark dispute involving reboxing of drugs and parallel importation: (IPKat), US: Follow-on biologics and patent reform - Will they discourage venture ... faith trade mark infringement and a claim for an account of profits: Michel Company Inc v IWC: (Class 46) Brazil Brazilian government publishes bill on bioprospecting ... Information Commissioner: 'Data protection and privacy have come of age': (IMPACT), Facebook bows to protest and allows account deletion: (Out-Law), Lawyers penalized ...
IP Thinktank - http://duncanbucknell.com/blog
8 Nov, 2007 9:00 pm
... Law Daily), China China's New Anti-Monopoly Law: More Power to the People or the Government?: (China Business Law Blog), Chinese toy manufacturers are now ... suit over hemodialysis technology initiated by Fresenius Medical Care: (IPLaw360), 31 venture capitalists wrote to Senators Leahy and Specter, opposing major portions of the Patent ... but not 'Purfume Bay': (Blawgletter), (I/P Updates), Google Inc., Yahoo Inc., Facebook Inc. and 10 others sued for infringement of a patent that claims creating ...
IP Thinktank - http://duncanbucknell.com/blog
9 Apr, 2006 10:20 pm by David Hornik
... your own chat room. http://zohochat.com/ · Ekklesia - CMS for churches. http://www.ekklesia-systems.com/ · Loudblog - CMS inc. RSS. http://www.loudblog.de/ · Pmachine - CMS. http://www.pmachine.com/ee/ · Tinymce - Wysiwyg editor. http://tinymce. ... mobile & meet friends. http://www.dodgeball.com/ · Doostang - Community for professionals. http://www.doostang.com/ · Facebook - Student communities. http://www.facebook.com/ · Frappr - Put your group on the map, share photos. http://www.frappr.com/ ...
VentureBlog - http://p6.hostingprod.com/@www.ventureblog.com/
19 Jul, 2007 2:00 pm by pete.black@gmail.com (Peter Black)
... Read more here (from Ars Technica). Mark Zuckerberg is squashing some rumors about a possible Facebook IPO. Read more here (from Mashable). Yahoo has acquired a 35-50% ... but its path forward could be jeopardized by lingering reservations from other sectors, including venture capitalists and biotech. Read more here (from CNET News.com). eBay's ... CNET News.com). Verizon and Veoh have launched a channel on the Verizon Wireless V Cast service, featuring Veoh's content on the mobile network. Read more ...
Freedom To Differ - http://www.freedomtodiffer.com/freedom_to_differ/
         
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