Tag Archive: Infringement

Section 512 includes a recital of the various safe harbors from liability and is also collectively referred to as OCILLA (Online Copyright Infringement Liability Limitation Act). Section 512(f) is intended to be a deterrent to those making false claims of infringement; this subsection of OCCILLA makes the person who is asserting the false claim of …

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Section 512 includes a recital of the various safe harbors from liability and is also collectively referred to as OCILLA (Online Copyright Infringement Liability Limitation Act). Section 512(f) is intended to be a deterrent to those making false claims of infringement; this subsection of OCCILLA makes the person who is asserting the false claim of …

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Permanent link to this article: http://cobaltlaw.com/when-does-a-demand-letter-qualify-as-a-specious-take-down-demand-under-section-512f-2/

Wilcox v. Career Step (D. Utah 12/1/10) Wilcox is the author of a medical coding course, and claims that Career Step (CS) is infringing Wilcox’s copyright. Career Step licenses the disputed medical coding course to various schools and colleges; and, in each instance Career Step requires that each student sign a contract that specifies that …

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Permanent link to this article: http://cobaltlaw.com/a-tale-of-two-motions-to-get-out-of-a-case-one-works-one-doesnt-sovereign-immunity-launches-one-state-school-from-copyright-case/

Wilcox v. Career Step (D. Utah 12/1/10) Wilcox is the author of a medical coding course, and claims that Career Step (CS) is infringing Wilcox’s copyright. Career Step licenses the disputed medical coding course to various schools and colleges; and, in each instance Career Step requires that each student sign a contract that specifies that …

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Permanent link to this article: http://cobaltlaw.com/a-tale-of-two-motions-to-get-out-of-a-case-one-works-one-doesnt-sovereign-immunity-launches-one-state-school-from-copyright-case-2/

Wilcox v. Career Step (D. Utah 12/1/10) Wilcox is the author of a medical coding course, and claims that Career Step (CS) is infringing Wilcox’s copyright. Career Step licenses the disputed medical coding course to various schools and colleges; and, in each instance Career Step requires that each student sign a contract that specifies that …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/a-tale-of-two-motions-to-get-out-of-a-case-one-works-one-doesnt-sovereign-immunity-launches-one-state-school-from-copyright-case-3/

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/

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-2/

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/

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