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
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
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
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
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
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
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
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
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