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Yue, et al. v. Chordiant Software, Inc., et al.
- Loeb & Loeb LLP
- -
- USA
- -
- January 6 2010
In copyright infringement suit against hardware and software distributor, its CEO, and General Counsel, the district court denies plaintiffs’ motion for summary judgment on issue of infringement, and grants defendants’ motion for summary judgment on issues of statutory damages, attorney’s fees, and vicarious liability
Cincom Systems, Inc. v. Novelis Corp.
- Loeb & Loeb LLP
- -
- USA
- -
- September 30 2009
Sixth Circuit holds that an internal corporate restructuring that resulted in a software licensee becoming a newly formed entity constituted an unauthorized transfer of the license, which would had required that the licensee obtain prior written approval from the licensor before transferring any right or obligation under the license
Vernor v. Autodesk, Inc
- Loeb & Loeb LLP
- -
- USA
- -
- September 15 2010
The Ninth Circuit, reconciling earlier precedent, held that to determine whether a transferee of software is a licensee (and not an owner), a court must consider whether the copyright owner specifies that a user is granted a license; whether the copyright owner significantly restricts the user’s ability to transfer the software; and whether the copyright owner imposes notable use restrictions
Miller v. Facebook, Inc.
- Loeb & Loeb LLP
- -
- USA
- -
- June 9 2010
District court holds that plaintiff adequately pleaded copyright infringement against defendant software publisher and contributory copyright infringement against defendant social networking website Facebook, where the defendant publisher distributed his allegedly infringing software through Facebook, and Facebook failed to remove the software from its website after receiving notice of the infringement
Yeager v. Bowlin
- Loeb & Loeb LLP
- -
- USA
- -
- September 19 2012
Ninth Circuit affirms district court’s dismissal of plaintiff’s right of privacy and right of publicity claims as untimely, holding that statements published on websites are not “republished” under the single-publication rule unless the statement itself is substantively altered or added to or the website is directed to a new audience
Numbers Licensing, LLC v. bVisual USA, Inc
- Loeb & Loeb LLP
- -
- USA
- -
- July 22 2009
Despite rejecting the defendant’s contention that the source code at issue was a work-made-for-hire such that defendant owned the copyright, the district court nonetheless denied plaintiff’s motion for a preliminary judgment based on a finding that the defendant obtained an implied license to continue using and modifying the source code, finding non-exclusive licenses need not be in writing and may be granted orally or by implication
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- Workarea - Litigation
- Workarea - Information Technology
- Author - Jonathan Zavin
- Firm Name - Loeb & Loeb LLP