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Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song

Proskauer Rose LLP
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USA
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September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled

Posting entire news article on nonprofit organization's blog constitutes fair use

Proskauer Rose LLP
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USA
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May 5 2011

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled

Google Books settlement would usurp congressional role in revising copyright law

Proskauer Rose LLP
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USA
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May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement

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

No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing

Proskauer Rose LLP
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USA
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July 29 2010

An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, 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

Company that distributed P2P software secondarily liable for massive infringement by users

Proskauer Rose LLP
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USA
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July 29 2010

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled

No First Amendment violation in statute restoring copyright rights of foreign authors

Proskauer Rose LLP
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USA
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July 29 2010

An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled

Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals

Proskauer Rose LLP
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USA
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July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals

Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor

Proskauer Rose LLP
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USA
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July 29 2010

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled