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10 Dec, 2008 4:13 pm by Ray Beckerman
In Arista 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 defendant. November 24, 2008, decision dismissing counterclaims *-->* Document published online at Internet Law & Regulation-->Commentary & ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
26 Jan 7:22 am by Ray Beckerman
In the RIAA's case against Usenet.com, Inc., Arista Records v. Usenet.com, Inc., the Magistrate Judge -- in a 73 page opinion -- has partially granted plaintiffs' motion for discovery sanctions for spoliation of electronic evidence. The Court declined to consider portions of the defendants' expert witness's declaration due to the expert's failure to meet Daubert reliability standards as to those portions. January 26, 2009 ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
30 Jun 9:28 am by Ray Beckerman
In Arista Records v. Usenet.com, Inc., both of the RIAA's motions -- for discovery sanctions and for summary judgment -- have been granted, and the matter referred to the Magistrate Judge for determination of damages and an appropriate injunction. Decision granting plaintiffs' motions Order of reference to Magistrate Judge *-->* Document published online at Internet Law & Regulation--> Commentary & discussion: Slashdot p2pnet.net ZeroPaid e- ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
11 Jan, 2008 9:00 pm
DMCA Safe Harbor Provisions: Individual complains about Usenet posts; From: [individual] To: Google, Inc. Date: 2006-11-26
Chilling Effects Clearinghouse Notices - http://www.chillingeffects.org
12 Feb 2:45 pm
... say YES, as long as a litigating party has requested it. In Arista Records LLC v. Usenet.com Inc., 2009 WL 185992 (S.D.N.Y.), several record companies ... was not persuaded by the defendant's argument. Indeed, the court imposed sanctions on grounds that Usenet.com had willfully failed to preserve data that was subject to a discovery request. Noting that the plaintiff record ... order, failure to preserve such data did not warrant sanctions. Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D ...
E-Discovery Bytes - http://ediscovery.quarles.com/
3 Jul 5:57 am
... legal for now (Public Knowledge) (Public Knowledge) (Ars Technica) (1709 Copyright Blog) Federal judge finds Usenet.com liable for direct infringement, inducement, contributory infringement and vicarious infringement in RIAA lawsuit (Ars Technica) (IP ... TTAB precedential no 26: TTAB affirms descriptiveness refusal of BATTLECAM for computer game software: In re Petroglyph Games, Inc (TTABlog) US Trade Marks - Lawsuits and strategic steps Google - Ascentive LLC files the sixth lawsuit against ...
IP Thinktank - http://duncanbucknell.com/blog
8 Apr 1:43 pm by Eric
... should not apply here (through an expert report...???). * Arista Records LLC v. Usenet.com, Inc., 2009 WL 185992 (S.D.N.Y. Jan. 26, 2009). While in litigation, Usenet.com accelerated the expiration date of certain newsgroups, which prevented the plaintiff from getting data it ... court held that this reconfiguration was a sanctionable spoliation of evidence, leading to adverse evidentiary inferences against Usenet.com and an obligation to pay the plaintiff's fees and costs. * Viacom Intern., ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
5 Feb 11:34 am
Arista Records, LLC v. Usenet.com Inc., 2009 WL 185992 (S.D.N.Y. Jan. 26, 2009) Upon finding that defendants acted in bad faith to deliberately destroy relevant evidence despite a duty to preserve, ... discussions." Users are able to upload content to the system and download content from other users' postings. Postings to Usenet are known as "articles." "Articles" are organized into "newsgroups" - including Music Groups. In this case, "Plaintiffs contend that Defendants ...
Tags: Case, Summaries
Electronic Discovery Law - http://www.ediscoverylaw.com/
9 Apr 8:39 am
... trade mark rights, restricts consumer search options: Rescuecom Corp v Google, Inc (EFF) (Technology & Marketing Law Blog) (Law360) (Ars Technica) (Out-Law ... (EFF) (Excess Copyright) (Intellectual Property Watch) MPA set to challenge Newzbin Usenet indexer in court (TorrentFreak) Future of Music Coalition releases set of principles it hopes will ... mark rights, restricts consumer search options: Rescuecom Corp v Google, Inc (EFF) (Technology & Marketing Law Blog) (Law360) (Ars Technica) (Out- ...
IP Thinktank - http://duncanbucknell.com/blog
12 Jul, 2007 10:43 am by Eric
By Eric Goldman Parker v. Google, Inc., No. 06-3074 (3d Cir. July 10, 2007) Parker v. Google was one of the troika of district court opinions ... isn't liable for direct copyright infringement via its Google Groups service because it makes USENET content available without any volitional conduct. * Google isn't liable for ... because Parker didn't allege that Google gets a direct financial benefit from the infringing USENET posts. * Google isn't liable for defamation (and related claims) because of 47 ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
5 Feb 9:49 pm by Frank Gonnello
Internet Music Exchange Website Faces E-Discovery Sanctions for Failure to Preserve "Transitory" Electronically Discoverable Information By K.K. Arista Records LLC v. Usenet.com, Inc., 2009 U.S. Dist. LEXIS 5185 (S.D.N.Y. Jan. 26, 2009) Employee/Employer Implicated: Defendant Internet Service Company - Usenet.com eLesson Learned: Additional action is necessary to preserve all relevant electronically stored information that relates to pending litigation. Usenet.com continue…
Discovery Resources - http://www.discoveryresources.org
2 Dec, 2008 9:47 am by Eric
... ." I'm interested to see how this system applies to fair uses of the works! * Arista Records LLC v. Usenet.com, Inc., 2008 WL 4974823 (S.D.N.Y. Nov. 24, 2008). The court dismisses USENET.com's counterclaims for declaratory relief that it doesn't violate 17 USC 512 because the claims duplicate its ... this, they would have finally figured out a way to make money! * Gordon v. SubscriberBASE Holdings, Inc., 2008 WL 4809833 (E.D. Wash. Oct. 31, 2008). Serial anti-spam plaintiff lost ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
2 Jul 4:24 pm
Arista Records, LLC v. Usenet.com, Inc., 2009 WL 1873589 (S.D.N.Y. June 30, 2009) In this copyright infringement case, plaintiffs alleged defendants committed egregious discovery violations deserving ... 's safe harbor provision. The court then granted summary judgment in favor of the plaintiffs. Defendants were previously sanctioned for spoliation of evidence in the instant litigation (See Arista Records, LLC v. Usenet.com Inc., 2009 WL 185992 (S.D.N.Y. Jan. 26, 2009).) Nonetheless, following the ...
Electronic Discovery Law - http://www.ediscoverylaw.com/
6 Jul 5:54 pm by Eric
... . Copyright * Supreme Court declined certiorari in the Cartoon Network v. CSC case. * Arista Records LLC v. Usenet.com, Inc., 2009 WL 1873589 (S.D.N.Y. June 30, 2009). Usenet service provider committed (1) direct copyright infringement (because it "actively engaged in the process so as to ... agreement, albeit late in the installation process and in a buried fashion. * Universal Grading Service v. eBay Inc., No. 08-CV-3557 (E.D.N.Y. June 10, 2009). eBay venue selection clause ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
7 Aug, 2008 2:57 pm by Eric
... attorneys fees in the long-running Parker v. Google case. Parker v. Google, Inc., 2008 WL 2600299 (E.D. Pa. June 30, 2008). Wikipedia * ... ). The Third Circuit struck down COPA for the third time. * PC Magazine: RIP Usenet, killed by the New York AG office's campaign against child porn traded on USENET. Miscellaneous * A bizarre article on "Internet trolling" in NYT Magazine. With its rambling and scattered discussion, I have no idea what the author defines as trolling. However, the article did ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
19 Jan, 2008 10:23 am by Daithí
... stories back as far as the early 1990s. He mentions Jonathan Rosenoer's column on AOL; I found (from an archived usenet group) that Rosenoer even had a trademark (at the time!). CyberLaw ™ is published solely as an educational service. The author may be contacted at ... Compuserve form in 1992 (here). In February 1987 (nearly a whole twenty-one years ago), Cyber Digital Inc included the following in an earnings report (PR Newswire via Nexis): Cyber Digital Inc., designs, develops, manufactures and ...
Lex Ferenda - http://www.lexferenda.com
29 Feb, 2008 6:05 am
... bad wine, not in the sense of female police officers or of adding posters to one's kill file in UseNet-speak; see here). The most recent addition to the back shelves of copyright case law is Sybersound Records, Inc.. v. UAV Corp., 2008 WL 509245 (9th Cir ... showing that EMI Music Publishing, Ltd., Beyonce Publishing, Scott Storch Music, Careers-BMG Music Publishing, Inc., Xtina Music, Logrhythm Music, and others, are all co-owners of the copyrights in one or more of the ...
The Patry Copyright Blog - http://williampatry.blogspot.com/index.html
17 Sep 2:57 pm by Eric
/**/ By Eric Goldman UMG Recordings, Inc. v. Veoh Networks, Inc., 2:07-cv-05744-AHM-AJW (C.D. Cal. Sept. 11, 2009) What's the difference between the market leader and an ... contentious one. Compare the wrongly decided 2001 ALS Scan v. RemarQ case, which said that the service provider had to assume that everything published in USENET newsgroups containing the plaintiff's trademarks was categorically verboten. Also compare the Hendrickson case (distinguished in a footnote). However, the judge leaves ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
29 Mar, 2007 4:06 pm
... know and love, including user product reviews, online auction feedback, internet dating services, message boards, classified ads, usenet -- the list goes on and on. But Section 230 does not provide complete protection, exempting "intellectual property" law from its ... the term 'intellectual property' to mean 'federal intellectual property,'" such as copyrights, patents and federal trademarks. Perfect 10, Inc. v. CCBill, LLC, __ F.3d __ (9th Cir. 2007). The Ninth Circuit reversed the District Court' ...
Tags: speech, Free
Deep Links - http://www.eff.org/deeplinks/
28 Aug, 2008 3:03 pm by fred
... Veoh site. So far, this is a familiar story -- user-generated content site gets sued by copyright owner for naughty uploading habits of users (see, e.g., lawsuits against MySpace, iMeem, YouTube, Redlasso, Hi5, Multiply, Stage6, MP3tunes, Scribd, Usenet.com, Bolt, and Grouper). But this is the first case to get to a final ruling, and it's a total victory for Veoh. The key to Veoh's victory was its scrupulous attention to the DMCA safe harbors. Veoh responded to compliant DMCA takedown notices on ...
Tags: Legal, analysis
Deep Links - http://www.eff.org/deeplinks/
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