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Attorney Steve® Blog

I DID NOT download STRIKE 3 movies but I am being sued!

Posted by Steve Vondran | Sep 25, 2020 | 0 Comments

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?...

Can you quash a Godaddy Domains by Proxy subpoena

Posted by Steve Vondran | Sep 08, 2020 | 0 Comments

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...

PHONE-HOME SOFTWARE – IS IT LEGAL?

Posted by Steve Vondran | Aug 10, 2020 | 0 Comments

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...

What is Libel per se?

Posted by Steve Vondran | Jul 25, 2020 | 0 Comments

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 ...

How much does it cost to litigate a copyright case?

Posted by Steve Vondran | Jul 23, 2020 | 0 Comments

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 "abandonment" explained

Posted by Steve Vondran | Jul 02, 2020 | 0 Comments

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....

As predicted, Miami-Dade (state court) is becoming the unofficial "UNMASKER" of identity in Strike 3 copyright cases. Fed court cases slowing.

Posted by Steve Vondran | Jul 02, 2020 | 0 Comments

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 ...

Copyright infringement defenses - Unclean Hands?

Posted by Steve Vondran | Jul 02, 2020 | 0 Comments

“[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...

Copyright Infringement defenses - Equitable estoppel

Posted by Steve Vondran | Jul 02, 2020 | 0 Comments

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 ...

Important "Fair Use" cases

Posted by Steve Vondran | Jun 30, 2020 | 0 Comments

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.

Fashion Law Blog

Posted by Steve Vondran | May 07, 2020 | 0 Comments

Attorney Steve® Fashion Law Essentials   Introduction             Perhaps you're a clothing designer who believes to have designed unisex clothing that will change the way the world sees garments. Or, you operate an Etsy store out of your house that makes unique and quirky dresses. Regardless ...

The regulation of talent agencies in California

Posted by Steve Vondran | May 03, 2020 | 0 Comments

Attorney Steve® Entertainment Law - The Talent Agency Contract in California Introduction I just got done reviewing a California talent agency agreement.  This is an agreement whereby a talent agent (a company in the business of procuring employment opportunities for artists in the entertai...

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