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Posting of entire news article is fair use, says judge in Righthaven copyright litigation

Proskauer Rose LLP
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USA
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March 22 2011

We recently wrote on the copyright enforcement lawsuits brought by Righthaven LLC, the intellectual property enforcement firm, and in particular, on a pending ruling on the issue of fair use in the Righthaven litigation against the Center for Intercultural Organizing (CIO

The Righthaven lawsuits: what is fair use of online publications?

Proskauer Rose LLP
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USA
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February 24 2011

Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media, the publisher of the Law Vegas Review-Journal

Access to licensed software by attorneys acting for benefit of licensee breached license agreement

Proskauer Rose LLP
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USA
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January 11 2011

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled

Software licensor's contract prohibition against automated download of support materials does not constitute copyright misuse

Proskauer Rose LLP
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USA
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January 11 2011

A prohibition in a software license agreement against the use of automated tools to download support materials related to the software is not a misuse of copyright, a district court found

Developer of automated videogame-playing program violated DMCA but did not infringe copyright

Proskauer Rose LLP
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USA
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January 11 2011

The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled

Excerpting and linking to online news article protected by fair use doctrine

Proskauer Rose LLP
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USA
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January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled

Download of copyrighted digital music file not a public performance under Copyright Act

Proskauer Rose LLP
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USA
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January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled

Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action

Proskauer Rose LLP
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USA
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January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district court ruled

Transfer of packaged software was a license, not a sale, under copyright first sale doctrine

Proskauer Rose LLP
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USA
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January 11 2011

A transaction involving the transfer of packaged software from a developer to a user was a license, not a sale, under the copyright first sale doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled

Allegations that web site operator actively contributed to content survive CDA Section 230 motion

Proskauer Rose LLP
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USA
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January 11 2011

A complaint alleging that a Web site operator "actively contributes to ... content" on a Web site that contains an allegedly defamatory statement by a third party should not be dismissed pursuant to Section 230 of the Communications Decency Act, a district court ruled