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14 Dec 2018, 7:25 am by Ben
Germany's Federal Court found for Kraftwerk, in part on the basis that Pelham could have easily recreated the sound he sampled but  four years later the German Constitutional Court overturned that judgement, finding that Pelham's "artistic freedom". outweighed Kraftwerk's copyright claim. [read post]
14 Dec 2018, 3:05 am
As readers know, this referral from Germany is asking the Court of Justice of the European Union (CJEU) to provide guidance on the lawfulness of unlicensed sampling.Sampling is the taking of the sounds fixed in a phonogram in order to incorporate them into a new phonogram that contains a new work: here's an example in which Italian hip hop artist Mondo Marcio realized an entire album, where each track samples (with a licence) from iconic 1960s singer Mina.It has to be said that,… [read post]
11 Dec 2018, 5:50 am
However, businesses would not normally litigate the second type of case in these countries (the generic markets are too small in the UK and the Netherlands and the court fees are too high in Germany). [read post]
8 Dec 2018, 2:51 am by Florian Mueller
Samsung years ago (and I had to do the same at the Federal Patent Court of Germany; by the way, I'm presently involved in a new access-to-documents dispute there, with a notorious privateer).Section III.I of Qualcomm's filing is one of the most outrageous examples of overredaction. [read post]
6 Dec 2018, 9:55 pm by Florian Mueller
But there have been utility model cases in Germany in which an EPO examiner based a rejection on a theory that doesn't apply to German utility models. [read post]
3 Dec 2018, 4:32 pm by INFORRM
The development of pre-existing legal principles was sufficient and advocated by both France and Germany. [read post]
27 Nov 2018, 3:19 am
Topics ranged from IP and international trade to industrial espionage activities of (the then) East Germany, big data, standard essential patents (SEP), economic models for IP rights and IP in a digital world. [read post]
26 Nov 2018, 12:43 pm by Aaron Lancaster
Illinois Supreme Court Skeptical of Need for Actual Harm in BIPA Cases In recent oral arguments in Rosenbach v. [read post]
Cooperate or litigate This will add to the ongoing “cooperate v. litigate” debate in data protection and privacy matters. [read post]
20 Nov 2018, 2:28 pm by Kevin LaCroix
Supreme Court’s February 2018 decision in Digital Realty Trust, Inc. v. [read post]
16 Nov 2018, 8:00 am by Adam Faderewski
Army’s war crimes department at Wiesbaden, Germany, and was appointed chief prosecutor in the U.S. [read post]
15 Nov 2018, 3:36 pm
Did Unwired Planet need to first comply with the Huawei v ZTE steps? [read post]