Relevant provisions ISP liability under Ecommerce directive; Information society directive; Enforcement directive
Archive | 2011
Twentieth Century othrs v British Telecommunications
Evidence adduced at the 20C Fox v Newzbin trial indicated that the Newzbin1 Website had a substantial UK user base.
Dastar v. Twentieth Century Fox Film
This case concerned a misrepresentation of origin claim. The Supreme Court found that because photographs are “communicative products” protected by copyright, false designation of their authorship is not cognizable under section 43(a)(1)(A).
Agence France Press v. Morel
Terms licensing use and distribution of photos uploaded to Twitter by an author to third parties were found to withstand declaratory judgment of non-infringement of an online service providers licensing provisions included in the TOS agreement.
Williams v. Lifes Rad, Cafépress.
Under the terms of the TOS agreement CaféPress had the authority to remove an item that “CafePress believes…. infringes the rights of a third party, including, without limitation, copyrights [and] trademarks.
Vocaloid EULA
Adobe Photoshop, You Tube, Second Life, iTunes , Ebay, Facebook, World of Warcraft, Electronic Frontier Foundations TOSback; Terms of Service tracker
Internet Publication and U.S. Copyright Imperialism
Prof. Jane C. Ginsburg, Columbia University School of Law June 28, 2011
Richard Minsky v. Linden Research
Richard Minsky v. Linden Research, 1:08-CV-819; SDNY granted motion to restrain Linden Research from deleting evidence on servers.
Procd v. Matthew Zeidenberg and Silken Mountain Web Services
In ProCD, the court noted that ‘although Congress possesses power to preempt even the enforcement of contracts about intellectual property
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