Attorney Steve® Photo Infringement - A default can cost you! Under the current Act, the copyright owner may elect to recover statutory damages, instead of actual damages and defendant's profits. He may, moreover, make such an election regardless of the adequacy of the evidence offered as to ...
Attorney Steve® Civil Litigation - Covid 19 Due Process Defense Lawyer - California Expulsion / Suspension Introduction Due Process Is there Clear Notice of what is expected (training and education)? How are student-athletes supposed to comply with the ever-changing Covid rules and rest...
BitTorrent Litigation Essentials - what if I default? Here is a case from Eastern District of New York were a defendant was accused of file sharing 145 Strike Three movies. After the 21 days passed (time to answer a federal court lawsuit), the Plaintiff moved for a default. The Court thereafte...
Software Audit Litigation Updates - Ansys files infringement suit in Pennsylvania Federal Court Sample allegations in the Complaint Here are some of the allegations of interest in Ansys v. Actox: NOTE: The CEO of the company was also sued personally (as we have stated many times i...
2021 BitTorrent litigation update - here are new cases filed by Strike 3 Holdings, LLC - If you received a subpoena or notice of a lawsuit give us a call. We have handled hundreds of copyright infringement actions and are the leader in California where many federal court civil lawsuits are filed...
December 2020 - Strike 3 BitTorrent Litigation Updates Strike 3 Holdings sending out more subpoenas and more Christmas Cheer. They will not stop until the last downloader is BROKE. If you received a letter or a subpoena from Strike 3 Holdings or Bandlow law firm, call us to discuss your legal ...
Attorney Steve® BitTorrent Litigation Essentials - DENIAL OF ILLEGAL FILE SHARING Introduction Options to respond 1. Are you willing to provide your computers, laptops and servers and other devices that can download videos through BitTorrent and allow those to be forensically examined?...
MEME FAIR USE REVIEW - Check yourself before you wreck yourself! Introduction If you are an epic YouTube, Tik-Tocker (*or "Toker" as some say), Tweeter, or poster of funny parody materials intended to go viral, you might want to use our Copyright Fair Use checker service. Get a legal opinio...
Attorney Steve® - Internet Lawyer | Subpoena for Domain Holder Identity | GoDaddy Domains by Proxy Introduction This blog will provide general legal information on requesting and responding to subpoena requests to identify the owner of a domain name. Usually, a Plaintiff in a civil court ac...
2:2020cv06807 Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 108.185.19.186 California Central District Court 2:2020cv06808 Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 137.25.32.101 California Central ...
Attorney Steve® - Software Audit & Licensing Essentials - "PHONE-HOME" SOFTWARE – IS IT LEGAL? Stuxnet, a digital worm designed to spread amongst computers and “phone home” each time a new machine was infected, was discovered by a computer security firm in Iran. It is notorious for infiltrat...
LegalScrub - Take your privacy back Introduction Services How can benefit from our service? Costs Contact us for Internet Privacy issues
The elements of a defamation claim are (1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special damage. (Taus v. Loftus (2007) 40 Cal.4th 683, 720 [54 Cal. Rptr. 3d 775, 151 P.3d 1185].) Civil Code section 45 provides, HN11 ...
You may have received a demand letter from the Riley Law Firm in Pasadena demanding money for illegal broadcast of a boxing match. Here is a case where Plaintiff lost and was hit with a large attorney fee award. J & J Sports Prods. v. Flores, No. 1:10-CV-02087-AWI-JLT, 2013 U.S. Dist. LEXI...
Attorney Steve® - Copyright Infringement Essentials - Funding a lawsuit Introduction Copyright cases are brought in federal court. They are not cheap. Our typical retainer is 5-10k (depending upon the complexity of the case) and currently we bill our time hourly at $495 per hour. Litigat...
Copyright may also be abandoned if the owner “performs some overt act indicating an intention to abandon.” Micro Star v. Formgen Inc., 154 F.3d 1107, 1114 (9th Cir. 1998). “Abandonment of copyright (sometimes referred to as waiver) . . . constitutes an effective defense in an infringement action....
July 2020 BitTorrent Litigation Updates - Miami-Dade County Court - UNMASKING IDENTITY OF INTERNET SUBSCRIBERS WAS NEVER SO EASY Introduction We have talked about this important issue before. It arises in the course of our BitTorrent Defense legal practice and it involves Plaintiff "Strike ...
“[A] defendant asserting that a plaintiff's claim is barred by unclean hands must show that the plaintiff acted unfairly or fraudulently respecting the matter in controversy.” Ample Bright Dev., Ltd. v. Comis Int'l, 913 F. Supp. 2d 925, 940 (C.D. Cal. 2012). “To establish unclean hands, 3 1 2 3 4...
Attorney Steve® - Copyright Essentials- Defenses - Equittable Estoppel Equitable estoppel is a defense to copyright infringement. See Kramer v. From the Heart Prods., Inc., 300 Fed. Appx. 555, 556 (9th Cir. 2008). Equitable estoppel is intended to prevent parties from taking advantage of the ...
Fair use is a defense to copyright infringement, it is also a legal statutory "RIGHT" spelled out specifically in the United States copyright laws. Basically, it is a FOUR FACTOR TEST that Courts review. Sometimes the defense applies, and other times it does not. Even using a few seconds or minutes of a video clip (especially if it is the "heart of the work") can lead to copyright infringement claims.
3DFootage ABC News Action Sports - ALL–STOCK AdventureFootage AP Archive Bridgeman Images British Pathé Budget Films CelebrityFootage Classic Images CNN Imagesource Conus CriticalPast F.I.L.M Archives Footage File FootageSearch Fox Archive Sales FRAMEPOOL Getty Images Global ...
Attorney Steve® - Counterfeit Apple Products What is the ICC? What is BASCA Violation of Trade Dress protection? In the news 1. Cheap USB charger warning 2. Fake iPhone charger blamed for death Contact Counterfeit Counsel if you have received a letter
Attorney Steve® Software Infringement Updates - June 2020 Introduction We have learned that Siemens has filed another lawsuit in Texas for software piracy of their software products. The case is 4:20-cv-00798. The case was filed by Reed Smith LLP law firm from Texas. Note that we have al...
Attorney Steve® - Strike 3 Torrent Defense Lawyer - 2020 Updates - Early Neutral Evaluations in Northern District of California Introduction One of the promising sides of torrent adult pornography internet file sharing litigation is the ENE. The ENE stands for "early neutral evaluation." T...
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