LexisNexis® Legal Newsroom
Westermeier on The Non-Assignability of Open Source Software Licenses

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, Jay Westermeier, of Finnegan, Henderson, Farabow...

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)

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 BY: MARGARET M. MORROW OPINION ORDER GRANTING...

Brazilian company need not indemnify multinational software manufacturers for the use of unlicensed software

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 filed by one of the multinational software companies...

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)

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, and an infringement action could not be based upon...

LaFrance on the First Sale Rule and Ownership versus Licensing of Music CDs

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 / unenhanced version available from lexisONE Free...

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

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 Entm't Wholesale, Inc. v. Close-Up Int'l...

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

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 Home Depot to use it. When the contract/license...

Modern Day David vs. Goliath Copyright Suit Ends in Misery for David; Copyright Misuse Defense Falls Harmlessly at Apple’s Feet

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 copy of Mac OS X. Apple accused Psystar of infringing...