Posts tagged with: "copyright"
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20 Nov 2011, 6:00 am by Bob Zeidman
When copying has occurred, much of the code may have changed by the time it’s examined due to the normal development process or to disguise the copying. For example identifiers may have been renamed, code reordered, instructions replaced with similar instructions, and so forth. However, perhaps one comment remains the same and it’s an unusual comment. Or a small sequence of critical instructions is identical. Correlation is designed to produce a relatively high value based on that comment or… [read post]
10 Mar 2011, 8:41 am by Andrew Berger
Andrew will speak at a luncheon program sponsored by the Copyright Society of the U.S.A. on March 16, 2011 on what the copyright supply chain (copyright holders, manufacturers, importers and distributors) should anticipate following the Supreme Court’s deadlock in Costco v. Omega. As a result of the deadlock we have no guidance whether gray market goods are… [read post]
13 Mar 2010, 8:47 pm by Ray Dowd
In Waves Audio Ltd v. Uptime Inc., 2010 WL 308301 (S.D.N.Y. Jan 22, 2010), Judge Naomi Reice Buchwald dealt with an unusual case:  a copyright infringement action that had already spent two years in litigation in New York State Supreme Court.  Plaintiff Waves distributes an audio software and alleged that Uptime Studios used a cracked/pirated copy.  The plaintiffs voluntarily dismissed the state claims and refiled a federal action.   Judge Buchwald considered the issue of whether the… [read post]
26 Feb 2013, 3:51 pm by Kenan Farrell
Elf-Man, LLC v. Does 1-107 Court Case Number: 3:13-cv-00334-ACFile Date: Tuesday, February 26, 2013Plaintiff: Elf-Man, LLCPlaintiff Counsel: Carl D. Crowell of Crowell LawDefendant: Does 1-107Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of CopyrightCourt: Oregon District CourtJudge: Magistrate Judge John V. Acosta View this document on Scribd [read post]
3 Mar 2010, 10:46 am by Jonathan Bailey
Though many of you might have seen this article last week when it hit the front page of Digg, I wanted to share it with the readers here. Recently, I penned an article for brainz.org about the DMCA Notice and Takedown system, including how the law was developed, why it was seen as necessary, and how the system works (including counter-notice). It’s a very basic primer on the law and how to use it that many readers of this site will probably find too basic, but if you’re… [read post]
19 Jan 2012, 8:14 am by Gene Quinn
To all those who can read the Constitution it has to be clear that the Supreme Court’s decision in Golan v. Holder is absurd. It is a ridiculous decision that lacks intellectual honesty and defies common sense. Further, the facts of this case provide ample ground for the suspicions of many who wonder why it is that the United States is so interested in losing its identity and compromising Constitutional principles in order to facilitate some ill conceived plan to join the world community. … [read post]
10 Jul 2010, 2:17 pm by Ray Dowd
Who Wants to Be A Millionaire, per Wikipedia here.Celadon licensed the show to Disney, seeking a 50-50 profits split.  Using "Hollywood Accounting" (link to great Wikipedia article on the practice). Disney managed to pocket $269.2 million that it owed to a licensor, according to a jury.A percentage of the net profits is considered in Hollywood to be a percentage of nothing, since studios simply make up the math to always eliminate net profits by funnelling these monies to their friends.Nice to see… [read post]
27 Apr 2011, 9:06 am by Andrew Berger
The Advanced IP Forum for Advertising Counsel will take place in NY from April 27-29. The program offers an impressive list of speakers from the content and media industries. Andrew will moderate a panel at this Forum on April 28. The program brochure is here The April 28 panel will focus on combating IP infringement on the internet. Panelists, all experienced and talented IP lawyers,  are Lee Eulgen of Neal, Gerber & Eisenberg, Stephen Feingold of Kilpatrick Townsend & Stockton and John Slafsky… [read post]
27 Mar 2010, 2:26 am by Nancy Prager
Why is it that people who profess to love the creative arts feel that that love entitles them to use the works with abandon and disregard of the copyright owners interests, or those of the actors, performers and writers? Apparently at SXSWi, AnyClip launched which allows users to search for movie scenes based a variety of parameters. Of course, the team behind the service professes love of movies as motivation but that is a hollow claim. No, it’s more likely the love of money that is motivation.… [read post]
25 Apr 2013, 5:00 am by Ruth Carter
Carter Law Firm’s Official Postcard – Let me know if you want me to send you one. I had the pleasure of speaking at the Public Relations Society of America’s Western District Conference last weekend. I led two sessions: “So you want to do a flash mob” and “The Legal Side of Blogging: 10 Questions to Ask Before you Hit ‘Publish.’” Both sessions were great and I wanted to share some of the frequent questions I get when I talk about the legalities… [read post]
8 Feb 2012, 4:30 am by Bob Zeidman
We must find reasonable ways to stop infringement of intellectual property on the Internet. Such a solution must be fair to the victim of the infringement. It must uphold the principles of the Constitution of the United States. And it must not break the Internet. SOPA and PIPA may not be perfect implementations of such protection, but they meet all of these requirements. There may be better strategies that can be reached through measured and thoughtful debate, but not through excessive hyperbole and… [read post]
16 Feb 2010, 1:24 pm by Ray Dowd
Thanks for the wonderful reviews of Copyright Litigation Handbook on Amazon here.Most Helpful Customer Reviews5.0 out of 5 stars A great resource, October 8, 2009 By Joseph Petersen - See all my reviewsRaymond J. Dowd, an experienced trial lawyer and partner with Dunnington, Bartholow & Miller LLP, has written a long-overdue work. His Copyright Litigation Handbook provides a straightforward overview and is chockablock with insightful and practical information. Mr. Dowd is liberal in his inclusion of… [read post]
18 Jun 2010, 9:50 am by Jonathan Bailey
It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.It was a busy week for copyright news with updates to many of the biggest ongoing copyright cases, including one that looks like it might be speeding to a very quick conclusion and another that may be getting a reprieve.All in all, there were five stories this week including news from all over the copyright world including our “Weird Story of the Week”.This week’s stories include:SCO Loses Again,… [read post]
10 Aug 2011, 1:23 pm by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sacramento Man Sentenced to Prison for Copyright Infringement First off today, a Sacramento man, Yan Akhumov, has been sentenced to 18 months in prison for criminal copyright infringement. Akhumov was the owner of Music Land stores in West Sacramento, which rented and sold illegal copies of CDs and DVDs. The FBI had warned Akhumov against distributing pirated works in 2007 but in 2009 raided his business and… [read post]
25 Oct 2011, 6:20 pm by Andrew Berger
Andrew will moderate a webinar on Wednesday October 26,2011, sponsored by BNA entitled Alternatives Now Available to Copyright and Trademark Owners to Combat Gray Market and Counterfeit Goods: Recent First Sale and Related Litigation. The 90-minute program will focus on recent 9th and 2d Circuit cases involving the clash between the first sale doctrine and Section 602(a)(1) of the Copyright Act barring the importation of goods made abroad without the copyright holder’s consent. The program… [read post]
15 Apr 2011, 7:00 am by Ray Dowd
According to Zeropaid's piece here, accused copyright infringers on YouTube will have to attend YouTube Copyright School, which involves watching a video and taking a quiz.Why doesn't YouTube's video mention the public domain?  Watch the video and you will see a child-like figure being smashed with a gavel over the head for purported copyright infringement.   It is disturbing to see that YouTube is indoctrinating children into fear of quoting materials by authors living and dead by showing… [read post]
5 Nov 2010, 5:52 pm by Charles Runyan
Most website owners know that copyright law provides a safe harbor for website operators when their users post infringing material.  What they don’t know is that qualifying for that protection requires careful adherence to copyright law.  Have you followed the law for your website or will you be on the receiving end of a copyright lawsuit? Statutory damages for a single copyright infringement can go as high as $150,000. For instance,  a jury in Minneapolis decided today that a woman was… [read post]
12 Apr 2010, 10:42 am by Ray Dowd
Federico Fellini's La Dolce Vita From WikipediaTwo recent cases underline the importance of being able to prove a written chain of title if you would like to bring a claim for copyright infringement.   If you wish to sue a gay pornographer for making a version of your film (Michael Lucas' La Dolce Vita).  In both International Media Films, Inc. v. Lucas Entertainment, Inc., 2010 WL 125358 (March 31, 2010) and  American Plastic Equipment, Inc. v. Toytrackerz, LLC, 2010 WL 1284471 (March 31,… [read post]
17 Feb 2012, 9:19 am by Andrew Berger
Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C.  The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and Developments.” The program will take place on Thursday April 19, 2012 between 3-4 pm. Speakers with be Peter Jaszi, Professor of Law at American University Law School; David Perrot, Research Director at Decisionquest; Stanley Pierre-Louis, Vice President and Associate General Counsel for Intellectual Property… [read post]
26 Aug 2011, 10:55 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Expendables Producers Drop Lawsuit Against 23K BitTorrent File-sharers First off today, the U.S. Copryight Group, representing the producers behind the movie “The Expendables” have dropped their suit against 23,000 alleged Bittorrent file sharers. The movie comes after the Washington DC Federal Judge said the group would not be able to pursue infringers with that lawsuit if they are not in the court’s… [read post]