Monthly Archive: November 2010

Faulkner Press v. Class Notes, N.D. Fla 1:08cv49-SPM/GRJ A copyright dispute arising from the university sector is always interesting and this one is no exception. Here we have a Dr. Michael Moulton who has assigned his two electronic textbooks on wildlife issue and biodiversity in the new millennium to Faulkner Press. Faulkner Press has sued …

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Permanent link to this article: http://cobaltlaw.com/focus-on-the-question-silly-not-the-answer-that-it-is-eliciting-study-questions-are-the-courts-issue/

We are living in a liminal time of copyright as we move from the non-networked world to the networked one. Big infringers are no longer sure they will be caught; little infringers worry that their small infractions will get hit with zillion dollar damages. The food chain is in flux; the metrics are dynamic by …

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Permanent link to this article: http://cobaltlaw.com/systematic-overreaching-as-business-strategy-copyright-content-as-commodity/

Oracle USA, Inc. v. Sap AG et al., No. 07-CV-01658 PJH (EDL) (N.D. Ca. 24) An eight person jury in Oakland California awarded Oracle the largest copyright infringement judgement of 1.8 Billion Dollars, in U.S. history. This judgement exceeds even the largest patent infringement award of $1.67 billion in the 2009 patent case against Abbott …

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Permanent link to this article: http://cobaltlaw.com/copyright-verdict-larger-even-than-the-largest-patent-verdict-ever/

Softech Worldwide v. Internet Tech, (ED Va. 11/8/10) Softech develops specialized software that facilitates streaming video onto the internet; and Softech accepted a sub-sub-subcontractor contract from Internet Tech (IT) which was a sub-subcontractor to Fedstore, a primary contractor to the U. S. Department of Veteran Affairs (VA). The project was to design and implement a …

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Permanent link to this article: http://cobaltlaw.com/the-contributory-infringer-theory-fails-but-the-vicarious-infringer-theory-succeeds-primary-contractor-had-right-and-ability-to-better-supervise-the-rogue-subcontractor/

Sellify, Inc. v. Amazon.com, Inc., (SDNY 11/3/10) Sellify, aka ‘One Quality’, went in and out of business minimally while buying and re-selling used electronics on eBay. Cutting Edge Design (CED), an Amazon associate, purchased the keyword “onequality.com” and several close variants from Google, Inc. When a Google user searched for these keywords, the search results …

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Permanent link to this article: http://cobaltlaw.com/contributory-infringer-liability-not-found-in-false-advertising-claim/

Forest River, Inc. v. Heartland Recreational, USDC Northern Indiana 3:10-CV-11-TS Competitors in the travel trailer industry, Forest sued after Heartland copied the Forest floor-plan and did two separate things with the plans. First, Heartland used the Forest floor-plans to create Heartland travel trailers allegedly in violation of the Architectural Works Copyright Protection Act (AWCPA); and …

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Permanent link to this article: http://cobaltlaw.com/useful-article-and-protectability-of-technical-drawings-of-a-travel-trailer/

Oracle v. Rimini Street, USDC D. Nevada 2:10-CV-00106-LRH-PAL Oracle sued Rimini, a third party support and maintenance service provider, for having illegally downloaded Oracle’s software and support materials by logging on to Oracle’s password protected web-database using an Oracle customer’s individual login credentials, and downloading support materials in excess of that customer’s authorized license agreement. …

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Permanent link to this article: http://cobaltlaw.com/prohibiting-bots-and-limiting-access-is-not-misuse-of-copyright/

Stagecraft Costuming v. Househaunters Limited, Case No. 1:10-cv-197, Southern District of Ohio Halloween is increasingly a national holiday of mega-proportions…. and here’s a case to prove that where there is a fabulous success, there also will be the flattery of imitation. Stagecraft Costuming of Cincinnati Ohio took umbrage when it discovered that Househaunters, a competitor …

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Permanent link to this article: http://cobaltlaw.com/trick-or-treat-newly-filed-case-asks-the-question-is-a-costume-useful-or-artistic-under-copyright-law/