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10 Dec, 2008 4:13 pm by Ray Beckerman
... Records v. Usenet.com, Inc., the RIAA's case against web site Usenet.com, Inc., the Court has dismissed the defendant's counterclaims for declaratory judgment, on the ground that they were mere mirror images of the plaintiffs' complaint against ... property portable music playerTo contribute to Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
19 Oct, 2006 6:00 am by Brown Raysman
... sales of infringing items, the court may rely on information obtained through third-party discovery in calculating a damages award. Silpada Designs, Inc. v. O'Malley, No. 04-2302, 2006 U.S. Dist. LEXIS 76301 (D. Kan. Oct. 19, 2006). The court relied on information from the eBay auction site and the PayPal payment service in calculating the defendants' gross receipts from selling infringing items, and, in the absence of any information regarding deductible expenses ...
Technology Law Update - http://brownraysman.typepad.com/technology_law_update/
13 Sep, 2008 2:56 am by Andrew Flusche
Do you have a limited liability business entity? Are you thinking about changing entity types? The options are confusing! Should you use the standard corporation? Or should you elect to be taxed as a partnership under subchapter S to try to save some taxes? What about the rising popularity of the limited liability company (LLC)? Is one type easier to run than others? Do they offer benefits under the law? Comprehensive webinar I'm holding a new webinar that will cover all these questions and ...
Andrew Flusche, Virginia Lawyer - http://www.andrewflusche.com/blog/
31 Mar 8:10 pm by David Johnson
... at any time without notice." (fn9) Using an "unconscionability" analysis, the Court found that PayPal contract was "procedurally unconscionable" because it was a "contract of adhesion." A contract of adhesion is a standardized contract, ... . Fourth, limiting venue to Santa Clara County, California was also unreasonable, since PayPal's customers were spread across the U.S. and could not afford to ... .App.4th 779 (1998). Fn8 Id. at 790-808. Fn9 Comb v. PayPal, Inc., 218 F.Supp.2d 1165 (N.D. Cal. 2002). ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
15 Oct, 2008 2:17 am by Eric
By Eric Goldman eBay * Universal Grading Service v. eBay, Inc. More fallout from the National Numismatic v. eBay case--another lawsuit alleging antitrust and defamation because eBay designated some coin ... devalued others. * Windsor Auctions v. eBay has been refiled in a new jurisdiction. * Mehmet v. Paypal, Inc., 2008 WL 3495541 (N.D. Cal. Aug. 12, 2008). Upholding the consequential damages waiver in PayPal's user agreement. * A company's failure in the marketplace can drive up the value of its ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
13 May 1:45 am
... Attachment Case Denied Re-Opening; No Justification for Order to Seize Property Crystal Waters Shipping Ltd. v. Sinotrans Limited Project Transp. Branch U.S. DISTRICT COURT EASTERN DISTRICT OF NEW YORK Attorneys' Fees Settlement of Suit Against PayPal, eBay Approved; Class Counsel Awarded Reduced Fee of $875,000 Farinella v. PayPal Inc.
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
6 Jan, 2008 8:40 pm
Netcraft Corp. v. eBay, Inc. (3:07-cv:00254-bbc), December 10, 2007 Netcraft Corporation owns several patents related to internet billing methods. It argued that Ebay, Inc. and PayPal, Inc. are infringing its patents by providing a third party payment system to customers wishing to make secure purchases over the Internet. Defendants moved for summary judgment, arguing that the phrase "providing a ...
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
16 May, 2007 6:44 am
... " agreement are subject to legal controversies. The validity of a browse-wrap agreement was denied by the San Jose Court on the case Comb v. PayPal, Inc. The Court held: Having considered the terms of the User Agreement generally and the arbitration clause in particular, as well as the totality of the circumstances, the Court concludes that the User Agreement and arbitration clause are substantively unconscionable under California law and that ...
Indonesian Law Reporter (Indolawreport) - http://indolawreport.blogspot.com/index.html
15 Dec, 2007 11:23 am
... Duration and GTC Fees Tiffany awaits verdict in eBay lawsuit Could Tiffany's lawsuit destroy eBay? Judge grants MercExchange $30 million damages in eBay lawsuit ... April, 2007 Class Action Lawsuit v. Ebay/Paypal, Inc. Initiated Judge OKs EBay Lawsuit Over Sale of Phony Goods EBay slapped with lawsuit by Louis Vuitton and Dior Couture ... CNN.com - Technology - Analysis: eBay fraud lawsuit - Garry J. Wise, Montreal Visit our ...
Wise Law Blog - http://wiselaw.blogspot.com
29 Sep, 2006 12:41 pm by Jonathan Frieden
... CNET News) On Wednesday, a U.S. District Judge granted summary judgment against StreamCast Networks Inc., the distributor of the Morpheus online file-sharing software. According to washingtonpost.com, the court concluded that "there was more than enough ... service PayPal "will simplify its user agreement and better inform users about fraud protection." PayPal is owned by eBay, Inc. (Link: PayPal clarifies fraud protection terms in agreement with 28 state attorneys general on SilliconValley.com) E ...
E-Commerce Law - http://ecommercelaw.typepad.com/ecommerce_law/
20 Feb 6:13 am by Ray Beckerman
... treated alike." That is why we concluded in Assessment Technologies of WI, LLC v. WIREData, Inc., 361 F.3d 434, 437 (7th Cir. 2004), that "when the prevailing party is ... with Mostly Memories, Bridgeport Music v. WB Music, and Riviera Distributors, Inc. v. Jones.-->-->*-->* Document published online at Internet Law & ... Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
10 Jun 6:51 am by Ray Beckerman
... , 283 MOTION in Limine to Preclude Fair Use Defense filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc ... to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, ... Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
12 Jan, 2008 2:37 am by Ray Beckerman
... 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 ... courts 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. ... to Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
25 Feb, 2008 5:44 am by Ray Beckerman
... measured against the actual money damages suffered, is unconstitutionally excessive, see UMG Recordings, Inc. v. Lindor, No. 05-1095, 2006 WL 3335048, at *3(E.D ... [Ed. note. A big shout out to Matt Foster of Indiana Legal Services, Inc., for calling this decision to our attention. Thanks, Matt! -R.B.] * Document published online ... Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
16 Sep, 2008 1:00 pm by Ray Beckerman
... , measured against the actual money damages suffered, is unconstitutionally excessive, see UMG Recordings, Inc. v. Lindor, No. 05-1095, 2006 WL 3335048, at *3(E.D. ... dismiss copyright misuse counterclaim pending); Assessment Techs. of WI, LLC, v. WIREdata, Inc., 350 F.3d 640, 647 (7th Cir.2003) "The doctrine of misuse prevents ... Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
22 Jun, 2008 1:10 pm by Ray Beckerman
... on 6/20/2008 re 7 MOTION for Reconsideration filed by Atlantic Recording Corporation, Warner Bros. Records Inc., Laface Records LLC, Elektra Entertainment Group, ... ., Interscope Records, BMG Music, UMG Recordings, Inc., Arista Records LLC. Present were Katheryn Coggon and Michael Zito, counsel for the plaintiffs. Court notes that ... Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
15 Jun 3:00 am by Ray Beckerman
... H.R. Rep. No. 106-216, at 3 (1999); Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913, 940 (2005) (approving contributory liability for ... Congress -- does not constitute an abuse of process. See Vahlsing v. Commercial Union Ins. Co., Inc., 928 F.2d 486, 490 (1st Cir. 1991) ("[w]hen process is ... to Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
5 Jun, 2007 10:21 am
... action against Harold S. Longs (Longs) and Your Money Worth, Inc. (YMW), alleging that the defendants have raised at least $755,000 and defrauded ... Longs, age 53, of Jacksonville, Arkansas, is registered as the owner of the YMW Internet domain name and opened the PayPal account to which YMW directs that investor funds be sent ... felony criminal charge of committing a fraudulent insurance act. Your Money Worth, Inc., was organized in the Republic of Panama in May 2006. Longs used and continues to use ...
Tags: Lawsuits
Psychology of Compliance & Due Diligence Law - http://www.bizop.ca/blog2/
9 Jan, 2008 2:25 am by Ray Beckerman
... both professional and consumer infringers. One example of this was the well publicized case of UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349, 351 (S.D.N.Y. ... understand that the law's domain knows no such limits." UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349, 351 (S.D.N.Y. ... contribute to Marie Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
18 Jan, 2008 7:52 am by Ray Beckerman
... to file second amended answer).......In the Western District of Oklahoma, in the case Capitol Records, Inc, v, Debbie Foster, a case which involved four of the five Plaintiffs in the present case, ... the defendant's Internet access account who had engaged in the filesharing. Capitol Records, Inc., et al. v. Debbie Foster, etal., No. 04-1 569 ( ... Lindor's legal defense, see below. The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
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