Creative Commons Lawyer – Is it a Contract or is it a License? I say its a license (unless there is an offer inviting consideration). VIDEO: Click on the picture above to watch a basic beginner primer on Creative Commons Licensing. Make sure to SUBSCRIBE to our legal channel which now has o...
Key Cases Bronco Wine Company v. Frank A. Logoluso Farms (1989) 214 Cal.App.3d 699 Cablevision of Michigan, Inc. v. Sports Palace, No. 93-1737, L994 U.S. App. LEXIS 13914, at. *11-13 (5th Cir. June 5, 1994) Cablevision v. Skyes (2nd Cir. 1993) 997 F.2d 998 Carnegie Mellon Univ. v. Cohil...
TV Signal Piracy Defenses – The Internet Stream Defense? Introduction So you just received a letter telling you that your company illegally broadcast a paid commercial fight and showed it at your restaurant, club, sports bar, tavern or nightclub without paying for the proper commercial li...
Malibu Media Legal Updates – Northern District California court says Malibu Media can be countersued. Puts them on the defensive. Judge calls Malibu Media motion a “GIMMICK.” VIDEO: Click on the image above to watch Intellectual Property Attorney Steve explain Torrent Lawsuit Defense in gene...
Cable TV Piracy public news alert – Be careful when purchasing a Pay per VBiew (PPV) boxing match. Make sure if your establishment is COMMERCIAL, that you obtain a COMMERCIAL license. If not, it is every easy to find yourself on the receiving end of dealing with a copyright bully. VIDEO: Cl...
Cable TV and Satellite Piracy Lawsuit Defense Law Firm – [Federal Court Lawyer] – Overview of J&J Sports Production cases. Applies as well to Joe Hand Promotions and G & G Closed Circuit Events cases. Introduction Seems things are heating up in the area of TV signal piracy cases. These case...
TV Signal Piracy Defense Law Firm – [Potential Defenses] The Trespasser and Illegal Photography/Filming. Introduction Anyone who has been on the receiving end of a phone call (or notice of a federal court lawsuit, or legal demand letter) from an aggressive collection lawyer for G&G Closed Cir...
Copyright Case Briefs – F.E.L. Publications, Ltd. v. Catholic Bishop of Chicago, 754 F.2d 216, 217–18 (7th Cir. 1985). I. FACTS OF THE CASE F.E.L. publishes religious music of its own and holds exclusive rights to religious songs from other composers in exchange for royalties...
April 2018 Torrent Updates – Strike 3 Holdings is on the move, filing a bunch of lawsuits in the Central District of California and in the Northern District. We have offices in Newport Beach (servicing Los Angeles and Orange County), and in San Francisco (serving San Jose, Oakland, and the Bay a...
Here are some general answers (FAQ) regarding whether or not Microsoft SAM software audits are truly voluntary or not. VIDEO: Click on the image above to learn more about the MS SAM Audit Process. Make sure to SUBSCRIBE to our law channel. My question is about SAM – is it really voluntarily...
2018 Torrent Litigation Alerts – Malibu Media unable to dismiss an Abuse of Process Counterclaim in illegal download allegation case. Judge Martini drops Declaratory Judgement Counterclaim. PODCAST: Click on the picture above to hear Attorney Steve® explain the abuse of process claim in Ma...
We will let you know when we hear more. Our ear is always to the ground. God I love this job! Related Posts June 2018 Strike 3 Holdings Federal Court Lawsuit Update D.C. Court calls Strike 3 a “Copyright Troll” and dismisses their motion for early discovery Strike 3 Ho...
Copyright Infringement Updates – 2018 [New Kid on the Block]? Introduction If you received a legal demand letter from the “IT Compliance Association” (“ITCA”) call us at (877) 276-5084. This is a newcomer on the block for us so we do not yet know if they are a copyright bully or a normal com...
DMCA Criminal Law Provisions – Circumvention of Access Control Protection Measures Introduction Software company ElcomSoft sold a piece of software known as the Advanced eBook Processor. The tool as marketed a “password retriever” but Adobe claimed it was a tool for circumventing password pr...
Intellectual Property Theft or Infringement of Online Courses [Yikes, it never ends!!!] Introduction Udemy Instructors – Did you copyright your online course and find it posted on an unauthorized website? If so, you may need to send a DMCA notice and may need to consider filing a copyright i...
Software Law 2018 Updates – Siemens Software on the move in new Texas litigation! VIDEO: Click on the picture above to watch our video on Siemens lawsuit process. Make sure to SUBSCRIBE to our popular legal channel which now has over 6,000 subscribers and approaching ONE MILLION video views!...
Attorney Steve's non-infringement list Introduction Well first off I would say to be careful before violating the copyrights, trademarks (ex. selling counterfeits), trade dress, or trade secrets of any company, but in particular these companies that have come up often in my research: DNI Lis...
Copyright DMCA law – The Subpoena under 512(h)! In one IP infringement case from the Central District of California (DOES 1-4 vs. Arnett), a Party sought a 512(H) DMCA subpoena to try to unmask the identity of someone alleged to have infringed a copyrighted photo (using the party in a photo with...
DMCA 9th Circuit Case Law – Ventura Content, Ltd. v. Motherless.com [DMCA “Safe harbors”] Introduction This blog discusses the case of Ventura Content, Ltd. v. Motherless, Inc. et al. 2:11-cv-5912-SVW-FMO. Mortherless.com is a adult pornography website. This case comes from the UNITED STAT...
IP Case Briefs – General Steel Domestic Sales, LLC v. Chumley. U.S. District Court Colorado. False Advertising, trade secret and cybersquatting law. SUMMARY: A company that engaged in the sale and distribution of prefabricated steel buildings terminated one of its employees. The terminate...
Copyright Case Brief: Liang v. AWG Remarketing, Inc, 126 F. Supp. 3d 964 (2015). United States District Court, Southern Ohio, Eastern Division (Copyright Standing and Licensing Formalities) SUMMARY: This case involves a copyright dispute over an automobile auction website. FACTS: Autom...
Copyright Case Briefs: Adobe Systems, Inc. v. A&S Electronics, Inc. – Northern District California! SUMMARY: This case is about the alleged infringement of a licensee of Adobe Systems software and involves Lanham Act, copyright infringement, and breach of contract claims. This case comes f...
When the SIIA comes calling (in the form of a software audit letter) IntroductionI recently reviewed a letter from the powerhouse bay area intellectual property law firm of Donahue Fitzgerald, LLP. We have dealt with this firm and their copyright lawyers many many times. The letter demanded a ...
Copyright Case Briefs: Triad Systems Corp. v. Southeastern Express Company, 64 F.3d 1330 (9th Cir. 1995). U.S. Court of Appeals, Ninth Circuit. SUMMARY: Southeastern Express Company (“Southeastern”) appealed the district court's grant of a preliminary injunction in favor of Triad Systems C...
Pegasus Imaging Corp. v. Allscripts Healthcare Solutions, Inc., 2010 WL 497720 (M.D. Fla. Feb. 9, 2010). Middle District Court, Florida SUMMARY: Software developer Pegasus Imaging Corp. filed suit against health records company Allscripts Healthcare Solutions, Inc. over software code. FACTS...
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