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... must provide material assistance to the infringer. See A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1019-22 (9th Cir ... activity, and [2] has a direct financial interest in the infringing activities. See Napster, 239 F.3d at 1022. The Court found that the alleged financial benefit was too ... infringement to be considered a "direct" financial interest. In this case, unlike Fonovisa, Ellison, and Napster, the alleged financial benefit that the Investor Defendants might some day enjoy will not ...

... Business Day yesterday about a lawsuit brought by Intertainer, a digital media company, against Apple Computer, Google and Napster misstated the nature of the litigation. It involves a patent, not a copyright. Thus, even in 2007, the Times hasn't figured ... video content from various providers to consumers over the TV and the Internet, Intertainer Inc. said in its lawsuit. Intertainer claims Apple, Google and Napster are using the patent without permission. [ie, infringing the claims] The lawsuit, ...

... is an odd mix, however. Here is a little history. The first case on the subject is A&M Records, Inc. v. Napster, Inc. 239F.3d 1004 (9th Cir. 2001). The result is that the appeals court found that Napster infringes two ... identify infringing musical recordings and the right to bar participation of users who engage in the transmission of infringing files." This seems to say that how Napster saved files on its system, via a search index system, was a part of copyright infringement. It is as if it ...

... (9th Cir. May 16, 2007). The panel distinguished the swap meet providers of Fonovisa (Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259, 264 (9th Cir. 1996)); and the file sharing of Napster (A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1019 (9th Cir. 2001)) as instances ... were not liable for contributory infringement under the inducement test of Grokster (Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005)) because there were no affirmative acts such ...

... crime-fraud exception," which eliminates the privilege for communications made in furtherance of a client's criminal or fraudulent scheme. The on-going Napster copyright litigation has now spawned a Ninth Circuit opinion that makes it a bit more difficult to destroy the privilege via the crime-fraud exception. Yesterday in In re Napster, Inc. Copyright Litigation, the court observed that the procedures for applying the crime-fraud exception in the federal courts are " ...

An entertainment company that structured its investment in the former Napster music service in an effort to limit potential copyright liability is not required to disclose its communications with its attorneys under the crime-fraud exception to the attorney-client privilege. In re: Napster, Inc. Copyright Litigation, No. 06-15886, 2007 U.S. App. LEXIS 5836 (9th Cir. Mar. 14, 2007). In reversing the lower ...

... of an expansive "making available" conception of the distribution right. See Perfect 10, Inc. v. Amazon.com, Inc., __ F.3d ___, 2007 WL 4225819, slip op. at ... that have addressed this issue in the digital context. See National Car Rental Sys., Inc. v. Computer Assoc. Int'l, 991 F.2d 426, 434 (8th Cir. 1993); In re Napster, Inc. Copyright Litig., 377 F.Supp.2d 796, 802 (N.D. Cal. 2005) (collecting authorities); Arista Records, Inc. v. Mp3Board.com, Inc., No. 00-Civ.-4660-SHS, 2002 WL 1997918 at *4 ...

Case: Perfect 10, Inc. v. Amazon.com, Inc. and Google, No. 06-55405 (9th Cir. 5/16/07) The One Sentence Summary: Providing thumbnail size copies of images in Google's image search ... for an image through in-line linking did not violate the plaintiff's distribution right under 17 U.S.C. § 106(3). This situation was distinguishable from the "deemed distribution" found in A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) because Google was not providing a database of links to its ...

... has made me even more despondent about an already depressing area. The case is Marvel Enterprises, Inc. v. NCSoft Corp., 74 USPQ2d 1303 (C.D. Cal. 2005). Plaintiff ... for contributory copyright infringement. Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 442(1984). However, where a computer system operator is aware ... , and fails to remove it, the system operator contributes to infringement. A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1021 (9th Cir.2001). Plaintiffs ...

... a copyright holder's exclusive right to make the work available, the Court is convinced that 17 U.S.C. § 106 encompasses such a right based on its reading of the statute, the important decision in A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Circuit 2001), and the opinion offered by the Register of Copyrights, Marybeth Peters, in a letter to Congressional hearings on piracy of intellectual property on peer-to-peer networks, Letter from Marybeth ...