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…
Twitter Clarifies Usage Rules, but AFP Still Claims Unbridled Right to Use Content Posted to “Twitter/TwitPic”
[Post by Venkat] Twitter recently issued new guidelines regarding use of the “Twitter” and “Tweet” marks, and use of the underlying tweets by users and third parties as well: “Guidelines for Use of the Twitter Trademark.” The guidelines prompted some…
October 2010 Quick Links
By Eric Goldman Copyright * Greg Sandoval discusses copyright trolls with Cindy Cohn. You may recall I had an “interview” with Cindy as a guest lecture in my Internet Law course. And a belated congratulations to Cindy for her recognition…
Political Campaigns and Copyright Infringement
By Eric Goldman I might be wrong, but my unscientific impression is that political campaigns are encountering copyright issues more frequently than in the old days. Initially, I had hoped to catalog all of the recent incidents, but I realized…
Blogger Wins Fair Use Defense…On a Motion to Dismiss!–Righthaven v. Realty One
By Eric Goldman Righthaven LLC v. Realty One Group, Inc., 2010 WL 4115413 (D. Nev. Oct. 19, 2010) I’ve mentioned Righthaven before in my quick links, but this is my first full blog post about them. I trust most of…
First Sale and Exhaustion Doctrines in IP Conference, Nov. 5, SCU
By Eric Goldman I’ve mentioned our First Sale and Exhaustion in IP conference before, but now it’s less than 3 weeks away. If you were thinking about coming, now is a good time to confirm your spot. As regular readers…