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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

No fair use defense for online post of 21-page book excerpt

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled

Music downloads and ringtones are licensed, not sold, under royalty agreement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

No CFAA violation where software licensor with administrative password gave server access to licensor's competitor

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled