Pleading Removal of Copyright Management Information Under the DMCA (and a Related Trademark Claim)

by Charles Bieneman on March 29th, 2015
In Fischer v. Forrest, 14 Civ. 1304 (PAE); 14 Civ. 1307 (PAE) (S.D.N.Y. Jan 13, 2015), the court denied a Rule 12(b)(6) motion to dismiss a suit alleging copyright and trademark infringements. Of particular interest in this post i… Read More

Action Brought Under DMCA and CFAA Dismissed (Part I)

by Peter Keros on February 28th, 2015
In LivePerson, Inc. v. 24/7 Customer Inc., 2015 U.S. Dist. LEXIS 3688, No. 1:2014cv01559 (Jan. 16, 2015), the Southern District of New York dismissed a complaint alleging copyright infringement, a violation of the Digital Millenni… Read More

Use of Copyrighted Software's Output and Mere Downloading of Copy Held Not to Constitute Infringement

by Charles Bieneman on August 24th, 2014
Neither using output from copyrighted software, nor downloading (but not installing or using) the copyrighted software, constituted actionable copyright infringement under the US copyright statute.  Design Data Corporation v.  U… Read More

Ninth Circuit Affirms Inapplicability of Copyright First Sale Doctrine to Restrictive Software License

by Charles Bieneman on June 12th, 2014
The Ninth Circuit has affirmed a district court decision (reported in this blog) holding that a restrictive software license is not a “sale” for purposes of the federal copyright laws, and that the license could not be used to… Read More

Third Party Affirmative Defenses to Software Copyright Infringement

by Charles Bieneman on February 16th, 2014
A license, either express or implied, may be an affirmative defense to software copyright infringement.  However, a recent case, brought by Oracle against a vendor who had provided services to Oracle’s customer, illustrates… Read More

Subscribe

Categories

1 2 3 … 7 Last »