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  • Jun
  • 24
  • 2008

MPAA: Actual P2P Distribution often “impossible” to prove

The Motion Picture Association of America tells the judge in the Jammie Thomas case that making a song available on a P2P network should count as infringement; proving that actual distribution took place is “often very difficult” and even “impossible.”

At the time of the Jammie Thomas trial, Thomas was found liable for $9,250 in damages per song for a collection of 24 songs that she made available online, for a total of $222,000 in total damages. Since there was no direct way to know if anyone…

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  • May
  • 08
  • 2008

isoHunt tells judge it’s just another search engine

The admins of isoHunt are fighting a copyright infringement lawsuit filed by the MPAA, arguing that it and other BitTorrent tracker sites should be treated no differently than a search engine. After all, isoHunt only provides links to content'just like Google.

No matter which way the ruling goes, this could prove to be an important milestone for the MPAA's fight against BitTorrent sites. The MPAA has a few notches in its bedpost, but those have come from settlements which resulted in shuttered…

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  • Apr
  • 21
  • 2008

Oops! MPAA lawsuit gives free publicity to torrent site

The MPAA has sued yet another website for facilitating copyright infringement and profiting from it. Little-known Pullmylink.com now joins the lengthy list of services that have been sued by the MPAA, and the organization shows no signs of letting up.

The reason the MPAA believes that pullmylink.com is "profiting" from providing these links is because it serves ads on its page. The organization says that pullmylink.com has 12,000 unique daily visitors generating some 39,000…

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  • Apr
  • 16
  • 2008

Monster Cable Threatens The Wrong Small Cable Manufacturer

Not long ago Monster Cable sent a cease and desist letter to Blue Jeans Cable alleging that the small cable manufacturer was infringing on several of their patents. What they probably didn’t expect was that Kurt Denke, the president of Blue Jeans, “spent nineteen years in litigation practice.

A $3 foot HDMI cable for $21.50? Kurt, you might have a way with the litigious verbiage, but the only difference between you and Monster is a courtesy spit. by Annath at 05:37 PM on 04/15/08 Reply by Email * I think I'm going to buy something…

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  • Apr
  • 04
  • 2008

Judge kills RIAA subpoena: making available not infringement

Earlier this week, a decision by the judge presiding over Elektra v. Barker was widely misreported as providing substantial support for the argument that making a song available over a P2P network constitutes copyright infringement. Another decision rendered the same day and just brought to light by the EFF actually does come to that conclusion, an

The fact that two judges issued such different rulings on the same day shows how much new ground is being covered by the RIAA's lawsuits—in no small part due to defendants that are willing to stand up to the record…

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  • Apr
  • 03
  • 2008

Apple vs The Big Apple

Late April Fools? Or the real thing? From the article:
“The GreeNYC logo shows a stylized apple with a stalk and a leaf. It bears a resemblance to Apple’s famous logo — a resemblance Apple says infringes on its trademark.”

Apple, of course, is no stranger to trademark disputes, but has typically been on the receiving end of infringement claims. Apple Corps, holder of the Beatles' business interests, battled the company for years over its trademark. That legal…

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  • Mar
  • 05
  • 2008

EFF to take RIAA on in court over “making available”

The Electronic Frontier Foundation is coming to the aid of an Arizona couple accused of copyright infringement by the record labels. During a hearing scheduled for Wednesday, the group will argue that making a song available on a P2P network does not constitute copyright infringement as the RIAA claims.

The fact that Judge Wake is hearing arguments on this issue is significant. If he rules that the record labels have to show that someone aside from MediaSentry downloaded the files in order to prove infringement, it could prove to be a serious…

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  • Feb
  • 28
  • 2008

Patent reform coalition aims to abolish software patents

A coalition of patent reform advocacy groups has launched a new project that aims to challenge the legality of software patents.

ESP's executive directory, tech policy expert Ben Klemens, believes that the current climate in the courts and broad recognition of patent issues in the software industry make this the perfect time to mount a serious challenge against…

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