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Results: 1-7 of 7

Limited damages available under DMCA 512(f) for wrongful takedown notice

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled

Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, a district court ruled

Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled

Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled

College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit ruled

Depiction of student athlete in videogame deemed actionable under California right of publicity statute

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held