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A new type of copyright lawyer has arrived on the intellectual property scene—not terribly good news for bloggers or online media outfits. Righthaven LLC CEO Steve Gibson is on the attack, beginning a campaign this past March against bloggers and...
An Arizona district judge recently reconsidered its decision to grant summary judgment in favor of a group of recording companies in Atlantic Recording Corporation et al. v. Howell. The record companies accused Mr. and Mrs. Howell of using music-sharing software...
The District Court of Oregon recently ordered a group of record companies to pay an accused file-sharer's attorneys’ fees in the amount of $300,000 for defending her suit over a two-year period. Plaintiffs Atlantic Recording Corp., Priority Records LLC, Capitol...
A recent decision from the Ninth Circuit clarifies the circumstances under which a company may be held liable for contributory copyright infringement. In Perfect 10, Inc. v. Amazon.com, Inc., 2007 WL 4225819 (9th Cir. 2007), Perfect 10, a website selling...
The United States Court of Appeals for the Second Circuit has rejected an attempt to certify a class action by copyright holders for the unauthorized electronic reproduction of their works. In In re Literary Works in Electronic Databases Copyright Litigation,...
The Federal Elections Commission (“FEC”) has announced that it resolved two complaints addressing the issue of whether Internet blog activity is subject to FEC regulation. On September 4, 2007, the FEC found that such blogging activity is exempt from regulation...
When faced with a foreign lawsuit, it is rarely good advice to suggest that a company simply ignore the proceedings and allow the plaintiff to receive an award by default in the hope that any resulting judgment might not be...
Businesses providing services to consumers should be aware that if they intend to change the terms of a contract, they cannot do so merely by posting new terms on a website. The Ninth Circuit has recently ruled that posting modified...
Companies concerned about being sued in one jurisdiction and having the judgment enforced in another should pay attention to a recent Texas appellate decision making it easier to enforce out-of-state judgments in Texas courts. With more businesses finding themselves...
Businesses haled into a Texas court should be able to argue, based on the Texas Supreme Court’s decision in Moki Mac River Expeditions v. Drugg, 2007 WL 623805 (Tex. 2007), that even if they did have contacts with Texas, such...
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