By Ryan Smith and Thomas F. Zuber of Zuber & Taillieu
The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its… More...
Holding: In a civil case, where a party seeks disclosure of documents between attorney and client under the crime-fraud exception and the other party asserts the attorney-client privilege, the court must allow both the party seeking disclosure of the documents and the party asserting the privilege to present evidence relevant to… More...
Holding: A remote storage digital video recording system that allows customers to record programs on central servers and then play them back at home infringes plaintiffs' copyrights. More...
Holding: An isolated and inadvertent unauthorized use of copyrighted photo was so trivial as to fall below the threshold required for actionable copying, and unauthorized use of that same photo on defendant's website did not constitute "fair use." More...
Holding: Defendant's intermediate copying of plaintiff's database schema to extract raw data and create a similar product with similar features was not fair use. More...
Holding: Internet service provider that hosts other sites did not unreasonably implement policies to identify and terminate repeat copyright infringers regarding notice of alleged infringement or potential "red flags" of infringement, but district court must reconsider how service providers implemented policies with regard to non-party notice. More...
Holding: For purposes of maintaining infringement action, valid ownership of copyright attaches upon submission of application and fees to Copyright Office, rather than on actual registration by the Copyright Office. More...
Holding: Statutory damages of $2,500 per violation is reasonable award against bar owner who violated copyright by allowing unlicensed performance of copyrighted songs at his bar. More...
Holding: Even where subject matter of a photograph may not be copyrightable, individual expression of that idea, based on choice of angle, perspective, lighting and expression of subjects, can be protected. More...
Holding: Pursuant to section 104A of the Copyright Act, a party can be considered a "reliance party" only where the infringement is ongoing and without more than a trivial interruption. More...
