Intellectual Property

Recent Posts

LaFrance on the First Sale Rule and Ownership versus Licensing of Music CDs
Posted on 7 Feb 2011 by Mary LaFrance

In the third of a rapid-fire trio of opinions distinguishing between sales and licenses, the Ninth Circuit in UMG Recordings, Inc. v. Augusto , 2011 U.S. App. LEXIS 52 (9th Cir. Cal. Jan. 4, 2011) [ enhanced version available to lexis.com subscribers... Read More

FREE DOWNLOAD - Order Re Subpoenas Served on Social Networking Websites: Crispin v. Christian Audigier, 2010 U.S. Dist. LEXIS 52832 (C.D. Cal. May 26, 2010)
Posted on 2 Jun 2010 by Copyright & Trademark Law Community Staff

BUCKLEY H. CRISPIN vs. CHRISTIAN AUDIGIER, INC., ET AL. CASE NO. CV 09-09509 MMM (JEMx) UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 2010 U.S. Dist. LEXIS 52832 May 26, 2010, Decided May 26, 2010, Filed OPINION... Read More

Brazilian company need not indemnify multinational software manufacturers for the use of unlicensed software
Posted on 30 Jul 2010 by Baker & McKenzie LLP

by Esther Flesch and Bruno Maeda The Superior Court of the State of Minas Gerais has ruled that a Brazilian engineering company was not required to indemnify two large US-based software companies for the use of unlicensed software. The lawsuit was... Read More

To Subtitle, or Not to Subtitle: That Is the Copyright Question - District Court Holds that Subtitle-Elective Russian DVDs Do Not Infringe Russian-Language-Only DVDs
Posted on 8 Apr 2011 by Travis Burchart

The licensed distribution of Russian DVDs without a subtitle "shut off" did not infringe a separate copyright license to distribute Russian-language-only DVDs, according to a recent decision from the Eastern District of New York. In Russian... Read More

Modern Day David vs. Goliath Copyright Suit Ends in Misery for David; Copyright Misuse Defense Falls Harmlessly at Apple’s Feet
Posted on 10 Oct 2011 by Travis Burchart

It takes more than a pebble to kill a giant like Apple. The Ninth Circuit recently stated as much in rejecting a small computer manufacturer's copyright misuse defense. Psystar manufactured and sold personal computers with a reproduced/altered... Read More

Ninth Circuit extends reach of the first sale doctrine by protecting sales of free and unsolicited compact discs: UMG Recordings, Inc. v. Augusto (Jan. 4, 2011)
Posted on 10 Jan 2011 by Copyright & Trademark Law Community Staff

The Ninth Circuit recently applied the first sale doctrine in a case involving free and unsolicited promotional compact discs (CDs). The court held that because of the distribution method, title to the promotional CDs was transferred to the recipients... Read More

If You Need a Hammer or a Copyright Defense, the Home Depot’s Got You Covered: Seventh Circuit Upholds Dismissal of Database-Copyright Lawsuit against Home Depot
Posted on 8 Sep 2011 by Travis Burchart

In 2004, Home Depot contracted with Edgenet, Inc. to develop a classification system (taxonomy) for organizing Home Depot's database. The contract provided that Edgenet would own the intellectual-property rights in the taxonomy and would license... Read More

To Subtitle, or Not to Subtitle: That Is the Copyright Question - District Court Holds that Subtitle-Elective Russian DVDs Do Not Infringe Russian-Language-Only DVDs
Posted on 8 Apr 2011 by Travis Burchart

The licensed distribution of Russian DVDs without a subtitle "shut off" did not infringe a separate copyright license to distribute Russian-language-only DVDs, according to a recent decision from the Eastern District of New York. In Russian... Read More

Westermeier on The Non-Assignability of Open Source Software Licenses
Posted on 22 Mar 2010 by J. (Jay) T. Westermeier

Open source software licenses are copyright licenses. The open source software is copyrightable subject matter, and the open source license specifies the extent to which "copying" is permitted and under what terms and conditions. In this Analysis... Read More

Ninth Circuit extends reach of the first sale doctrine by protecting sales of free and unsolicited compact discs: UMG Recordings, Inc. v. Augusto (Jan. 4, 2011)
Posted on 10 Jan 2011 by Copyright & Trademark Law Community Staff

The Ninth Circuit recently applied the first sale doctrine in a case involving free and unsolicited promotional compact discs (CDs). The court held that because of the distribution method, title to the promotional CDs was transferred to the recipients... Read More

Westermeier on The Non-Assignability of Open Source Software Licenses
Posted on 22 Mar 2010 by J. (Jay) T. Westermeier

Open source software licenses are copyright licenses. The open source software is copyrightable subject matter, and the open source license specifies the extent to which "copying" is permitted and under what terms and conditions. In this... Read More

LaFrance on the First Sale Rule and Ownership versus Licensing of Music CDs
Posted on 7 Feb 2011 by Mary LaFrance

In the third of a rapid-fire trio of opinions distinguishing between sales and licenses, the Ninth Circuit in UMG Recordings, Inc. v. Augusto , 2011 U.S. App. LEXIS 52 (9th Cir. Cal. Jan. 4, 2011) [ enhanced version available to lexis.com subscribers... Read More