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Results: 1-10 of 45

Novell prevails in long-running dispute over ownership of UNIX copyrights - and open source software moves on
  • Proskauer Rose LLP
  • USA
  • August 31 2011

The dispute between The SCO Group and Novell, Inc. over the ownership of copyrights in the code to certain versions of the UNIX operating system, which started eight years ago, appears to have been handed its retirement papers by the Tenth Circuit


Emerging technology and existing law: can geofencing provide radio webcasters a workaround of digital performance royalties?
  • Proskauer Rose LLP
  • USA
  • October 3 2014

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever


Posting entire news article on nonprofit organization's blog constitutes fair use
  • Proskauer Rose LLP
  • USA
  • 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
  • USA
  • 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


Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content


U.S. Supreme Court grants review of statute restoring copyright in public domain works
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution


Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner


Oracle v. Google judge writes the book on software programming copyright for now, anyway
  • Proskauer Rose LLP
  • USA
  • June 6 2012

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued


Assignment of copyright through terms of use: does e-sign make it ok? A tool for B2B sites dealing with unauthorized access to their content?
  • Proskauer Rose LLP
  • USA
  • December 20 2012

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content


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