207 results for 'nos:"Copyrights - Property Rights"'.
J. Price partially grants the media conglomerate's motion to compel discovery and award sanctions against the online retailers. A discovery deadline is extended, since the individual defendants are currently out of the country on a vacation and have yet to sit for depositions. Any such depositions conducted in this extended period, however, will be unavailable for summary judgment purposes. A request for sanctions is denied. Various objections raised by the defendants to the discovery requests are overruled.
Court: USDC Middle District of Florida, Judge: Price, Filed On: February 14, 2024, Case #: 6:22cv2417, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Martinez-Olguin dismisses vicarious copyright infringement claims from comedian and author Sarah Silverman and two other authors who claim OpenAI trained its ChatGPT program using material from their books without permission. The authors fail to prove ChatGPT directly copied their work and protection does not extend to every idea, theory and fact underlying a copyrighted work. However, an Unfair Competition Law claim can move forward. Additionally, OpenAI did not move to dismiss the direct infringement claim, so that claim proceeds.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 12, 2024, Case #: 3:23cv3223, NOS: Copyrights - Property Rights, Categories: Copyright, Unfair Competition, Class Action
J. Reidinger partially denies an American email authentication software firm's motion to compel documents and responses during an protracted discovery process with its European affiliate. The firm claims the European affiliate is trying to separate its business operations from that of the American firm. Presently, the affiliate claims the American firm is not providing sufficient evidence in discovery, however the affiliate’s latest requests are unreasonable questions, e.g. asking in what city a contract was signed, and it is not necessary for the firm to provide all this information.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 7, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery, Contract
J. Lin declines to dismiss the British Isles publisher's complaint that the U.S.-based software company sold copies of the publisher's copyright-protected works, including "Fundamentals of Catholic Dogma" by Dr. Patrick Lynch originally published in 1955, and a revised English-language edition produced and published by the publisher in 2018. The publisher alleges sufficient facts to state a plausible infringement claim on the Lynch translation because in 1996, per the Uruguay Round Agreements Act and Irish copyright law, the U.S. copyright for the Lynch translation automatically went to Dr. Lynch and not Mercier Press as the software company argues.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:22cv1635, NOS: Copyrights - Property Rights, Categories: Copyright, International Law
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J. Lake transfers a company's copyright and trademark action against an institute in connection with works and a mark associated with a Buddhist monk to the Central District of California, Western Division. The institute is based in California, and the company fails to show it has the minimum contacts with Texas to establish jurisdiction.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: January 31, 2024, Case #: 4:23cv2812, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Jurisdiction
J. Seabright quashes a subpoena to the communications companies issued to discover the IP addresses of those filesharing and distributing a studio’s copyrighted films. The communications companies were used only as a “conduit” for the distribution and therefore falls under a safe harbor provision that renders the subpoena invalid. Just because the companies assigned an IP address to the distributors does not mean that they provided links or referrals to the copyrighted material.
Court: USDC Hawaii, Judge: Seabright, Filed On: January 30, 2024, Case #: 1:23cv426, NOS: Copyrights - Property Rights, Categories: Copyright
J. Pitman partially grants a motion to dismiss crossclaims brought by the CEO of an e-commerce liquor company after he was countersued by a former employee who asserted ownership claims over the company and was previously sued for copyright infringement. A fraud counterclaim by the former employee should be dismissed because she has failed to include “vital” information about when she learned she would not have a significant stake in the company — but she may amend her complaint to add this information, and her other claims can proceed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: January 29, 2024, Case #: 1:22cv467, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Business Practices
J. Maldonado grants hip-hop artist French Montana’s motion for summary judgment on copyright claims brought by the suing hip-hop artist, Hotwire the Producer. Hotwire accused French Montana of ripping off his copyrighted song “Hood* Pushin’ Weight” to make the hit single “Ain’t Worried About Nothin,” which has more than 100 million hits on Montana’s official YouTube channel alone. After several years of legal fights, the court has found there’s some similarity in the underlying sounds and melodies of the two songs, but that those similarities are insufficient to create a triable issue of fact on Hotwire’s copyright infringement claims.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: January 4, 2024, Case #: 1:19cv2321, NOS: Copyrights - Property Rights, Categories: Copyright
J. Immergut partially grants the software company's motion for a preliminary injunction in its lawsuit asserting that the domain holders sold unauthorized licenses for the software company's hosting automation management software online. An asset freeze is issued against the domain holders for all assets related to infringing domains because they took multiple steps to hide their identities and avoid the software company's scrutiny. However, the software company's motion to freeze all assets is not justifiable as it is indiscriminate and lacks knowledge.
Court: USDC Oregon, Judge: Immergut, Filed On: January 3, 2024, Case #: 3:22cv1963, NOS: Copyrights - Property Rights, Categories: Copyright, Injunction
J. Swain grants the defendant man's motion to dismiss copyright claims stemming from his registration of a screenplay called "Wonderland: The Equality State" about the work of brothel madams supporting women's suffrage rights in Wyoming. The plaintiff writers have no sufficiently alleged that they are the sole authors of the script, as they acknowledge defendant made contributions to the work.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 2, 2024, Case #: 1:21cv8528, NOS: Copyrights - Property Rights, Categories: Copyright
J. Dever denies a business owner’s motion to dismiss copyright infringement claims in this sprawling suit initially brought by a marketing and entertainment software developer and its subsidiary against 33 named business entities and 55 unnamed entities. The developer claims most of these entities infringe on its copyrighted software systems called Phantom Software and Phoenix Gold in physical locations, websites and mobile apps. Presently, the developer alleges one such business entity and its owner are infringing. The business owner and his firm move to dismiss, but because the business is a corporation and the owner appears pro se, he cannot proceed because corporations can only proceed in federal court using licensed counsel. Also, the developer is correct in asserting its claims against the owner because he is a Phantom Software distributor and, therefore, is harming the developer by distributing and operating the infringing software.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, Business Practices, Technology
J. Hall grants the client's motion to dismiss copyright claims brought by the marketing services company, ruling that because the marketing company's cease-and-desist letter did not contain an offer to return payments made by the client, it cannot seek recission of the copyright purchase contract, which is valid and transferred ownership to the client.
Court: USDC Connecticut, Judge: Hall, Filed On: December 15, 2023, Case #: 3:22cv1175, NOS: Copyrights - Property Rights, Categories: Copyright, Contract
J. Wolford finds for a professional photographer in claims contending a media company used his copyrighted photo of New York State officials without permission because the photographer submitted the copyright registration, and the image on the company's website is identical to the registered photo. Meanwhile, the company failed to respond to the complaint.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 15, 2023, Case #: 6:23cv6094, NOS: Copyrights - Property Rights, Categories: Copyright
J. Robart grants the widower's motion for case-dispositive sanctions against pro se defendant Louis Clyde Holder, which relates to his complaint that the advertising agency and the radio program host used the copyrighted works of the widower's deceased wife, who was an author and media personality, without permission. Holder violated the court's discovery orders issued on three separate occasions by not responding to them and by not appearing for a hearing. The widower may file a motion for attorney fees incurred in bringing his sanctions motion and entry of default by no later than Jan. 5, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 13, 2023, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Wilson finds in favor of Lions Gate against the screenwriter's complaint accusing it of creating and airing a television show called "P-Valley" that infringed on the screenwriter's copyright for her musical stage play, "Soul Kittens Cabaret," as both works are about Black dancers working in a cabaret club. The idea for the play is not unique enough to make it a protected idea and there are no other substantial similarities between the two pieces of work.
Court: USDC Central District of California, Judge: Wilson, Filed On: December 7, 2023, Case #: 2:23cv2147, NOS: Copyrights - Property Rights, Categories: Copyright
J. Foster grants the pornographer's motions to serve third-party subpoenas to internet service providers in its effort to identify several unidentified internet users who it alleges violated its copyrights. Expedited discovery is warranted in this case since the pornographer has stated an actionable claim, its requests are specific, there are no other ways to obtain required information for the case to proceed, and it has established appropriate privacy guardrails. In deference to the privacy interests of the internet subscribers to be identified, the court sets out a process for serving the subpoenas and for the subscribers to proceed in litigation anonymously.
Court: USDC Minnesota, Judge: Foster, Filed On: December 6, 2023, Case #: 0:23cv2203, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery