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11 Mar 2024, 7:21 am by Eric Goldman
Here, in contrast, the infringement was, in each cited instance, initiated by a third party other than either X Corp. or the ultimate consumer of the infringing material. [read post]
15 Aug 2017, 12:57 pm
The Court ruled that the first sale doctrine defense did not apply in this case because it only covers material items; and ReDigi was “distributing reproductions of the copyrighted code embedded in new material objects”, rather than distributing any material object.From a European perspective, Prof. [read post]
  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption that all native advertising is, and should be regulated as, “commercial speech. [read post]
19 Jun 2019, 7:37 am by Kristian Soltes
Legal and Regulatory Developments SPOTLIGHT: A Court Ruling May Affect Acquirers’ Ability to Pass Along Data-Breach Fines to MerchantsDigital Transactions News – June 12, 2019 A common assumption among merchant acquirers and retailers is that merchants are the ones who ultimately are liable for network fines after a merchant’s data breach. [read post]
9 Mar 2021, 11:56 am by admin
To be sure, there are critics of using the probability of causation because it assumes that the risk is distributed stochastically, which may not be correct. [read post]
8 Apr 2024, 10:08 am by admin
The limits of peer review ultimately make it a poor proxy for the validity tests posed by Rules 702 and 703. [read post]
13 Aug 2019, 12:46 pm by Jonathan E. Aberman
One lender sued the other lender for a determination of how the proceeds should be shared under their intercreditor agreement, and the case ultimately ended up on appeal to the Third Circuit. [read post]
17 Apr 2023, 6:42 pm by Stephanie Schmidt (US)
Ultimately, the court concluded that no reasonable person could find that gramophone records and live musical performances were substantially identical, and that nothing in the record supported a finding that consumers would believe Apple’s live musical performances are within the normal product evolution of Apple Corps’ gramophone records. [read post]
17 Apr 2023, 6:42 pm by Stephanie Schmidt (US)
Ultimately, the court concluded that no reasonable person could find that gramophone records and live musical performances were substantially identical, and that nothing in the record supported a finding that consumers would believe Apple’s live musical performances are within the normal product evolution of Apple Corps’ gramophone records. [read post]
16 Feb 2012, 5:41 am by Jeffrey W. Berkman, Esq.
  Reason One:  Why Start-Ups often Prefer an LLC over a Corporation:  No Double Taxation.As a quick primer on business entities, there essentially four types of entities most businesses consider utilizing:  (a) a corporation, (b) a limited partnership, (c) an S Corp or (d) an LLC. [read post]