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Supreme Court evenly split in Costco v. Omega
- Foley Hoag LLP
- -
- USA
- -
- December 17 2010
On December 13, 2010, after much anticipation in the case of Costco Wholesale Corporation v. Omega, S.A., No. 08-1423, it was announced that the eight Justices of the high court that considered the merits were evenly split, four to four
Ninth Circuit imposes DMCA liability, even in the absence of copyright infringement
- Foley Hoag LLP
- -
- USA
- -
- January 10 2011
The Ninth Circuit's liability determination in MDY Industries v. Blizzard rested not on copyright infringement, but on a violation of the Digital Millenium Copyright Act (DMCA) provisions regarding circumvention of access controls
Update: Blizzard owns your software
- Foley Hoag LLP
- -
- USA
- -
- January 10 2011
As expected, the Ninth Circuit has declared link that Blizzard's World of Warcraft (WoW) software licensees are just that -- licensees, and not owners -- because the WoW Terms of Use sufficiently restrict the transfer and use of the WoW software
The political parody problem
- Foley Hoag LLP
- -
- USA
- -
- September 2 2010
In a bid to win the hearts and minds of voters, lately political candidates have touted, among other things, their musical predilections
Dollar bin divers rejoice! First sale doctrine applies to promo CDs
- Foley Hoag LLP
- -
- USA
- -
- January 21 2011
Most of you serious music fans have at least one
Is it getting hot in here? Perfect10.com takes on chilling effects
- Foley Hoag LLP
- -
- USA
- -
- January 24 2011
In what must be one of the nation's longest-lived Internet copyright wars, Perfect10, Inc. recently opened up a new front, asserting that online publication of its Digital Millenium Copyright Act takedown notices is a copyright violation
RIAA not keen on hearing the .music
- Foley Hoag LLP
- -
- Global, USA
- -
- January 31 2011
While brand owners have taken issue with the vast trademark implications of ICANN's proposed (and at this point, likely) expansion of the domain name space to add countless new generic top-level domains (gTLDs) to the Internet, one organization has raised the specter of increased copyright infringement pursuant to domain name expansion
The DMCA: less protection than meets the eye against circumvention of technological measures to prevent access to software
- Foley Hoag LLP
- -
- USA
- -
- September 16 2010
The anti-circumvention provision of the Digital Millennium Copyright Act, 17 U.S.C. 1201, continues to challenge courts in the context of computer software
Autodesk owns your software
- Foley Hoag LLP
- -
- USA
- -
- September 23 2010
Autodesk owns your software if you (think you) own a copy of AutoCAD, that is
Too little too late: court rejects confirmatory copyright assignment due to lack of evidence of prior transfer
- Foley Hoag LLP
- -
- USA
- -
- April 26 2011
A recent case in the Third Circuit, Barefoot Architect Inc. v. Bunge, Case Nos. 09-4495, 09-4600, (3d. Cir. January 14, 2011) has provided some interesting practice pointers with respect to copyright transfers
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