The judge in one of the well - known mass
copyright cases filed by Dunlap, Grubb & Weaver a / k / a U.S. Copyright Group (West Coast Productions v. Does 1 — 5,829) has issued an order denying motions to quash filed by several of the unnamed defendants.
As the figures below show, file sharing cases comprise a significant and increasing proportion of
the copyright cases filed over the last 4 -LSB-...]
The Lex Machina Copyright Litigation Report breaks down the thousands of
copyright cases filed in the last 5 years to showcase how this data can be used to inform litigation strategy: from detailed analysis of different judicial districts useful to forum planning, to timing data on trial and injunctions that can drastically improve budgeting, as well as top parties and firms for firm marketing and outside counsel selection.
As the figures below show, file sharing cases comprise a significant and increasing proportion of
the copyright cases filed over the last 4 years.
Although file sharing cases remain a majority of
copyright cases filed, this marks the second quarter of decrease in file sharing cases from their peak of 904 cases in Q1 2015.
Not exact matches
So uncreative did Judge Michael Fitzgerald find Taylor Swift's 2014 hit Shake It Off, he dismissed a
copyright infringement
case filed against her.
CBS and Paramount
filed the
copyright infringement
case against the makers of Axanar, a fan - produced film that's looking (and costing) a bit too much like the real...
In a
case illustrating
copyright abuse of standard software protocols, Cisco Systems
filed a lawsuit to prevent its competitor, Arista Networks, from building competing Ethernet switches that rely in part on commands Cisco argues it initially developed.
Nevertheless, there are thousands of
copyright infringement
cases filed in the U.S. every year.
Back in March, they
filed a court
case against Harebrained Schemes and Piranha Games, accusing them of
copyright infringement over the Unseen mech, despite the fact that both studios have been using the new designs created after the previous
case instead of the original designs from Macross.
The
case accused the defendant of circumvention of
copyright protection systems and
copyright infringement, among other charges, and was originally
filed last October.
The lawsuit was
filed 15 June and Salazar has requested that the
case is tried by a jury and points out in the complaint that she registered the image for
copyright.
The RIAA's only jury - trial win, the
case against Minnesota mother Jammie Thomas, is expected to be declared a mistrial any day now due to the judge's second thoughts on whether
copyright law requires proof of an actual transfer of
files, as opposed to simply making them available.
You could also look at the return from the auction in the bankruptcy court
case file, which would control even if the patent office and
copyright...
The department has successfully defended
cases on
copyright allegations, identity fraud, modification of computer systems, diversion of funds,
file sharing over the internet through mediums including Torrent, Kazaa and Napster, trade description infringement, piracy, offences involving misuse, abuse and the unlawful access and modification of computer systems, as well as understanding digital language, such as «warez», «phishing», «pharming», «hacking», «cracking», «spamming», «DOS attacks» and «Botnet».
The
case began in 2008, when Cambridge University Press and Oxford University Press joined forces with SAGE Publications to
file a civil suit against Georgia State University (GSU), with financial backing from the Association of American Publishers and the
Copyright Clearance Center (CCC).
The task then was to see how to rely on the trademark registration of «Snoopy» and
filing a trademark infringement and to use the outcome of the trademark infringement to support the
copyright dispute.At the first instance, the court delivered a decision in favour of our client and subsequently the decision was taken up to the Court of Appeal, where the court initially declined to hear the
case on the grounds that the issue was double jeopardy.
In the article titled «Why Johnny Can't Stop Sharing
Files», Larry postulates that: «
Copyright is effectively dead, despite the entertainment industry having won the Grokster
case — or maybe even, in part, because it did.
Represented a multinational consulting firm
filing a
copyright infringement
case before the court against a competitor in the market.
The
case basics: an actress wants to
copyright her performance in a YouTube video so she can then
file a DMCA take down request.
Ten years ago, the Authors Guild and other plaintiffs
filed a lawsuit against Google in alleged
copyright infringement in a
case involving Google's book scanning project, a searchable database that allows the user to search the content of all books that have been scanned into the database.
Won injunctive relief and recovered hundreds of millions of dollars for the music publishing industry in
copyright infringement actions against Internet «
file sharing» services Napster, Grokster, Kazaa, Morpheus and Aimster; Bertelsmann AG (for its investment in Napster); mp3.com; and UMG Recordings (the «Farmclub»
case).
Case filings for traditional
copyright cases fell slightly in Q3 of 2015 to 563
cases — a 1.4 % decrease from Q2 when 571
cases were
filed.
At Gorodissky & Partners, notable work included representing Russian confectioner Chocolate Toy in a
copyright infringement dispute; defending Decor Rus against an infringement action brought by a competitor; and representing Perfetti Van Melle in a trade mark infringement
case filed by New Technologies regarding its «FOOTBALL» mark.
Copyright litigation during the second quarter proved to be a bit more interesting as file sharing cases, which made up most of the copyright infringement caseload as recently as 2014's fourth quarter, plummeted to 249 cases in the second
Copyright litigation during the second quarter proved to be a bit more interesting as
file sharing
cases, which made up most of the
copyright infringement caseload as recently as 2014's fourth quarter, plummeted to 249 cases in the second
copyright infringement caseload as recently as 2014's fourth quarter, plummeted to 249
cases in the second quarter.
An increasing trend in
copyright infringement suits
filed in the United States has tattoo artists bringing suit against entertainment entities, and in some
cases against the tattoo...
The first quarter of 2016 has been significant in the
copyright realm because the number of new filings of
file sharing
cases (500
cases) have dipped below the level of traditional
cases (582
cases) for the first time in more than a year.
They tend to be
filed in different jurisdictions, end in settlement more often, and produce different kinds of damages than other
copyright cases.
Case 1: The author of the structure allows to download and distribute the format A
file, but does not allow to modify it (according to the
copyright statement on the structure page).
(2) That
copyright and other proprietary rights may apply to information in a
case file, absent an express grant of additional rights by the holder of the
copyright or other proprietary right.
The
copyright file - sharing
cases are led by a few content producers that have been aggressive about pursuing pirates, including Voltage Pictures and porn studio Malibu Media.
In another
case, an organization
filed a takedown notice against a YouTube video containing birds singing, claiming that the sound of the birds singing in the background was their
copyrighted content.
The report says the
copyright case against Megaupload, the previous
file sharing service run by Kim Dotcom, is based on «highly dubious legal prinicples» and that it has been manipulated by the government's desire to appease the movie industry in exchange for political support.
In a
case illustrating
copyright abuse of standard software protocols, Cisco Systems
filed a lawsuit to prevent its competitor, Arista Networks, from building competing Ethernet switches that rely in part on commands Cisco argues it initially developed.
The US Court of Appelas has ruled in favour of re-opening a
case against Google
filed by Oracle, which claims that the Android software maker used Java software to build code in violation of
copyrights.
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail:
[email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in
case preparation, litigation, and potential settlementso Prepared and input
case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in
cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated
copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance
files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request
• Prepared and
filed copyright, trademark, and patent applications; and prosecuted
cases of infringement.
The court said the trial court, in awarding the attorney's fees to the MLS, was acting within its authority, because the trial court intended to deter
copyright holders from
filing lawsuits without first trying to resolve the dispute out of court, which is what had happened in the photographer's
case.