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