UMG Can’t Enforce “Not for Sale” Restrictions on Promo CDs — UMG v. Augusto
[Post by Venkat Balasubramani with additional comments from Eric] UMG Recordings, Inc. v. Augusto, No. 08-55998 (9th Cir.; Jan 4, 2011) The Ninth Circuit issued the third of its three opinions dealing with the first sale doctrine. (Vernor v. Autodesk…
Second Life Ordered to Stop Honoring a Copyright Owner’s Takedown Notices–Amaretto Ranch Breedables v. Ozimals
By Eric Goldman Amaretto Ranch Breedables v. Ozimals, Inc., 2010 WL 5387774 (N.D. Cal. Dec. 21, 2010). The Justia page. The complaint with exhibits. Ozimals’ C&D to Amaretto and its blogged statement on the case. Here’s a line you don’t…
Nov.-Dec. 2010 Quick Links, Part 3 (Special Extra-Long Copyright Edition)
By Eric Goldman * Oracle got a $1.3B jury verdict in its anti-scraping lawsuit against SAP. My prior blog coverage (1, 2, 3). This is one of the largest copyright damage awards ever (if not the largest), and it ranks…
Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v. Morel
[Post by Venkat with a few comments from Eric] Agence France Presse v. Morel, 10 Civ. 2730 (WHP) (S.D.N.Y.; Dec. 23, 2010) The Southern District of New York issued an order denying AFP’s request to dismiss photographer Daniel Morel’s copyright…
Ninth Circuit’s Mixed Opinion in Glider/WoW Bot Case — MDY Industries v. Blizzard
[Post by Venkat, with comments from Eric] MDY Industries, LLC v. Blizzard Entertainment, Nos. 09-15932 & 16044 (9th Cir. Dec. 14, 2010) The Ninth Circuit issued its opinion in the Blizzard Glider “bot” case, which is one of three cases…
Supreme Indecision: Costco v. Omega Gums up the (Watch)Works
By Ethan Ackerman In coming to a 4-4 procedural tie that defaults to upholding the ruling below, the Supreme Court let stand a 9th Circuit opinion territorially limiting the first sale defense’s applicability to domestically made goods. While still not…
Viacom, FAPL and Amici File Briefs in Viacom v. YouTube Second Circuit Appeal
By Eric Goldman [note: all of the briefs referenced in this post are linked in the case library at the bottom of the post] Viacom and the FAPL have filed their opening appellate briefs in the Second Circuit appeal of…
Apple Gets Partial Win in Case Alleging Copyright Infringement by iPhone App — Stewart v. Apple Inc.
[Post by Venkat] Stewart v. Apple Inc., 10-Cv-01012-RSL (W.D. Wash.; Nov. 08, 2010) (Order on Motion to Dismiss) (Complaint) (Answer) Martyn Stewart recorded a bunch of nature sounds, including bird sounds, which a third party developer allegedly incorporated into the…
Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
By Eric Goldman Oracle USA, Inc. v. Rimini Street, Inc., 2:10-CV-00106-LRH-PAL (D. Nev.). Decision on Rimini Street’s motion to dismiss, Aug. 13, 2010. Decision on Oracle’s motion to dismiss Rimini Street’s counterclaims, Oct. 29, 2010. As the world watches the…
Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path
By Eric Goldman Design Furnishings, Inc. v. Zen Path LLC, 2010 WL 4321568 (E.D. Cal. Oct. 21, 2010). The initial complaint filed by Design Furnishings. I’m a little late to this party (see, e.g., Evan Brown’s coverage), but it’s a…