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Articles in Copyright

German Court Rules YouTube Fails to Meet Copyright Protection Standards: How Much is Enough?
September 10, 2010 – 12:25 PM | 10862 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F09%2F10%2Fgerman-court-rules-youtube-fails-to-meet-copyright-protection-standards-how-much-is-enough%2FGerman+Court+Rules+YouTube+Fails+to+Meet+Copyright+Protection+Standards%3A+How+Much+is+Enough%3F2010-09-10+17%3A25%3A32Chris+McDonoughhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D1086
German Court Rules YouTube Fails to Meet Copyright Protection Standards: How Much is Enough?

On September 3rd, YouTube lost a court battle in Germany over hosting copyrighted videos of British singer Sarah Brightman.  The Hamburg court ordered the website’s owners to cease distributing any of Brightman’s copyrighted material and …

A Question of Moral Rights in the United States
September 8, 2010 – 1:48 PM | 10652 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F09%2F08%2Fa-question-of-moral-rights-in-the-united-states%2FA+Question+of+Moral+Rights+in+the+United+States2010-09-08+18%3A48%3A48Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D1065
A Question of Moral Rights in the United States

While perusing on Le Monde’s website (French major newspaper) in search of some interesting news of my home country, I discovered an astonishing headline and article. Excerpts of the French classical novel Madame Bovary will …

Playstation 3 Jailbreaking an Open Source of Controversy
September 8, 2010 – 10:49 AM | 10614 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F09%2F08%2Fplaystation-3-jailbreaking-an-open-source-of-controversy%2FPlaystation+3+Jailbreaking+an+Open+Source+of+Controversy2010-09-08+15%3A49%3A52Peter+Bodrihttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D1061
Playstation 3 Jailbreaking an Open Source of Controversy

A little over a month ago a fellow IP Brief blogger reported on a very interesting decision handed down by the Librarian of Congress granting exemptions to the DCMA.  The decision was triumphantly lauded by …

Netflix and Friends ask the Federal Circuit for a New Old Standard in Awarding Attorneys’ Fees to Successful Patent Defendants
August 28, 2010 – 4:39 PM | 929No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F28%2Fnetflix-and-friends-ask-the-federal-circuit-for-a-new-old-standard-in-awarding-attorneys%25e2%2580%2599-fees-to-successful-patent-defendants%2FNetflix+and+Friends+ask+the+Federal+Circuit+for+a+New+Old+Standard+in+Awarding+Attorneys%E2%80%99+Fees+to+Successful+Patent+Defendants2010-08-28+21%3A39%3A31Mark+Tratoshttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D929
Netflix and Friends ask the Federal Circuit for a New Old Standard in Awarding Attorneys’ Fees to Successful Patent Defendants

Over the past decade, damages awarded in patent litigation have risen to an unprecedented level. [ ] As the potential infringement damages have increased, so has the cost of conducting the trial. …

Copyrights and the Fashion Industry: A Love-Hate Relationship?
August 21, 2010 – 7:19 PM | 880One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F21%2Fcopyrights-and-the-fashion-industry-a-love-hate-relationship%2FCopyrights+and+the+Fashion+Industry%3A+A+Love-Hate+Relationship%3F2010-08-22+00%3A19%3A30Ashlee+Hodgehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D880
Copyrights and the Fashion Industry: A Love-Hate Relationship?

Earlier this month, Senator Charles Schumer (a Democrat unsurprisingly from fashion-capital New York) introduced the Innovative Design Protection and Piracy Prevention Act (S. 3728) to the delight of many fashion industry players and the dismay …

MGA Accuses Mattel of Toy Espionage
August 19, 2010 – 2:28 PM | 876No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F19%2Fmga-accuses-mattel-of-toy-espionage%2FMGA+Accuses+Mattel+of+Toy+Espionage2010-08-19+19%3A28%3A36Jack+Korbahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D876
MGA Accuses Mattel of Toy Espionage

MGA Entertainment has thrown out another allegation against Mattel in the long-standing battle between the companies.  MGA has accused Mattel of falsifying credentials in order to spy on other competitors at toy fairs around the …

Ninth Circuit Issues New Ruling in Bratz v. Barbie Case
August 2, 2010 – 10:54 PM | 781One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F02%2Fninth-circuit-issues-new-ruling-in-bratz-v-barbie-case%2FNinth+Circuit+Issues+New+Ruling+in+Bratz+v.+Barbie+Case+2010-08-03+03%3A54%3A53Ashley+Kobihttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D781
Ninth Circuit Issues New Ruling in Bratz v. Barbie Case

On July 22, 2010 a three judge panel of the Ninth U.S. Circuit Court of Appeals overturned a 2008 ruling in MGA Entertainment Inc. v. Mattel Inc.  The panel was comprised of chief judge Alex …

Unauthorized Stock Photo Use More Likely to Get Infringers in Hot Water Than Music or Video Downloading
August 2, 2010 – 10:52 PM | 779No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F02%2Funauthorized-stock-photo-use-more-likely-to-get-infringers-in-hot-water-than-music-or-video-downloading%2FUnauthorized+Stock+Photo+Use+More+Likely+to+Get+Infringers+in+Hot+Water+Than+Music+or+Video+Downloading2010-08-03+03%3A52%3A33Ashley+Kobihttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D779
Unauthorized Stock Photo Use More Likely to Get Infringers in Hot Water Than Music or Video Downloading

According to Jonathan Bailey at Plagiarism Today, a person’s “best chance of getting hit with a copyright infringement demand letter… is for posting stock photos to [their] blog or website.”
Bailey notes that stock image companies …

Confessions of a “Jailbreaker”
August 1, 2010 – 2:31 PM | 753One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F01%2Fconfessions-of-a-%25e2%2580%259cjailbreaker%25e2%2580%259d%2FConfessions+of+a+%E2%80%9CJailbreaker%E2%80%9D2010-08-01+19%3A31%3A27Eric+Perrotthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D753
Confessions of a “Jailbreaker”

I have a confession to make and I really need to get this out.  I am a jailbreaker.  I used to live in secrecy, running applications on my Apple® iPhone® that allowed me to brighten …

RIAA Monetary Recoveries in Illegal Downloading Cases Pale in Comparison to Legal Fees Paid
August 1, 2010 – 2:26 PM | 750No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F01%2Friaa-monetary-recoveries-in-illegal-downloading-cases-pale-in-comparison-to-legal-fees-paid%2FRIAA+Monetary+Recoveries+in+Illegal+Downloading+Cases+Pale+in+Comparison+to+Legal+Fees+Paid2010-08-01+19%3A26%3A03Ashley+Kobihttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D750
RIAA Monetary Recoveries in Illegal Downloading Cases Pale in Comparison to Legal Fees Paid

According to documents posted by p2pnet blog, the Recording Industry Association of America (RIAA) has recovered a very small amount in damages in comparison to the millions they have spent in legal fees.  The RIAA …

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Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

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Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

More articles »

Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

More articles »

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