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California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.
The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. Patent litigation strategists are not just plotting out their timelines of national proceedings v EPO, but also the UPC. So, very similar to the national courts of most EPC contracting states.
The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself. The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.
Independent Journal Review : Philpot is suing the Independent Journal Review over a Ted Nugent photo taken by Philpot. Philpot is a serial litigant. Independent Review Journal, 20-cv-00590-AJT-TCB (E.D. Net result: the court will conduct a jury trial solely to set the amount of damages. Case citations : McGucken v.
However, after years of litigation, House would become, in Twain’s words, a “liar,” a “barking dog” and a “polecat”—which I assume in the late 1800’s would have been worse than Sonya Larson calling Dawn Dorland a “Karen.” What Contract? Edward Howard House (1836-1901). ” To Dramatize a Novel.
The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The contract adjustment mechanism and other contractual safeguards explicitly apply to commissioned works and work-for-hire ex Art. Museu do Azulejo by G.P.
An analogous situation involving open software licenses (GNU and the like) is now being litigated. I don’t find this argument convincing given the ability today to license many content types at scale for TDM, including images, music and yes, journal articles (See “Full disclosure” above), but it is an argument often offered by infringers.
Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman opened both accounts after she entered into the employment contract with JLM.
Lehv is a senior litigation counsel at Fross Zelnick Lehrman & Zissu, P.C. Guadamuz is a reader in intellectual property law at the University of Sussex and the editor-in-chief of the Journal of World Intellectual Property. In response, she filmed herself painting over it with black spray paint and converted the video into an NFT.
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Javier Torre de Silva y López de Letona, The Right to Scrape Data on the Internet: From the US Case hiQLabs, Inc. The first litigations regarding data scraping for training of generative AI systems are starting now.
In the meanwhile, businesses need draft legal and binding employment contracts that are clear on choosing between securing the protection of their intellectual property and preserving the rights and freedom of their workers. Incidentally, unclear terms can lead to expensive litigation and disputes. 3] AIR 2015 SUPREME COURT 3479. [4]
Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. TELECOMM. &
I posted a chapter from the book: Online Contracts. The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). Gellis [a standard post, but it has generated extra interest because the two litigants are locked in a noisy death grip). Regulation of Housing Advertising (2022 Edition).
An exotic insurance product has recently taken the litigation world by storm. 1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants. There, the $47.5m
With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.
This solution will allow authors to publish in the journal of their choice without having to pay an APC, even though this journal’s copyright policy conflicts with their research funder’s OA requirements. University of Edinburgh was the first UK university to implement RRS as a university policy since 2022.
The full article can be read in the Journal of the Copyright Society. ↩︎ See Sean Hollister, Microsoft’s AI boss thinks It’s Perfectly Okay To Steal Content If It’s On The Open Web , The Verge (June 28, 2024), www.theverge.com/2024/6/28/24188391/microsoft-ai-suleyman-social-contract-freeware. See e.g., ABKCO Music, Inc.
As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).
NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are. The article is available on SSRN and is forthcoming in Yale Law Journal. These 450 contracts give a unique snapshot of what NDAs look like in practice. NDAs can, in other words, go beyond trade secrecy.
contracts) may play a decisive role in the final allocation of rights and obligations. To identify the most representative Scientific Publishers, we relied on a recent study that mapped “the 100 largest scientific publishers by journal count”. In this fragmented landscape, self-regulation (e.g., 3(2) CDSM, the text of item 7.8
I’d love to see an accounting of the time and money the parties have spent on this litigation. Gutman Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v.
In the absence of this economic aspect of the agreement it was void under Section 23 and 25 of the Indian Contract Act, 1872 and Section 16 and 19 of the Copyright Act, 1957. Therefore, the court dismissed the application by the defendant. A hypothetical : What if ownership had been disputed earlier on?
Rolling Stone litigation, though the facts are more internet-oriented. Interestingly, Plaintiffs plead no facts about the terms of their contracts with the designers who hire them to work the runway; the court acknowledges the very real possibility that those contracts govern how images captured from a fashion show are used.”)
The GI Journal published the application on August 31, 2023, opening a three-month window for objections. It also allows international organizations to become contracting parties. Article 22 of TRIPS, which prohibits false indications of geographical origin, could form the basis for such litigation.
This is a “serials crisis” i.e., a situation when rising subscription costs for scholarly journals exceed academic library budgets, hampering researchers’ access. I am not even wading into the Bogus Open Access Journals and The dark side of the scientific publishing industry ). One may ask – is open access a solution?
Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. In light of the above the court set aside the impugned order and directed to publish the mark in the journal. Wrt Section 11, the court held that the cited marks are of the appellant only.
Authors protect their digital content from infringement using contracts and technological methods, which led to the international community creating the “WIPO Copyright Treaty”. As a result, the number of cross-border conflicts and patent infringement litigation is increasing. 36/37 (1998): 2334– 35. [4] 5] Alikhan, Shahid.
Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] ” [2]. There is no factual or legal basis for such a credit. ” [13]. ” [13].
Blake Brittain: SCOTUS Okays Medtronic’s $112 Million Loss in Patent Contract Case (Source: Reuters). Commentary and Journal Articles: Prof. Klarquist – Litigation/IPR Associate. Ryan Selby: PODA Granted US Patent for Closed Bottom Vaporizer Pod (Source: Cision). Source: USPTO. Glicksman and Prof. Mannava & Kang, P.C.
Cherokee Nation Strategic Programs, LLC , the Tenth Circuit applied this test to a dispute over the poaching of employees, holding that the breach of fiduciary duty and misappropriate of trade secret claims survived Rule 12(b)(6)’s standards but that the breach of contract claims were insufficient as a matter of law. Piercey, Tinny T.
Answer: may need to be litigated. We won’t see the contracts b/t platforms and other entities, which is an issue, bypassing regulatory control. Journalism that tells people only what they want to hear is a known risk; so are there uses of data which you must not make? Is the answer how much prescreening goes into the invitation?]
.” Noteworthy Trade Secret Discovery Opinions: The forensic review of a former employee or business partner’s computer is one of the most intrusive and contentious discovery procedures in trade secret litigation. Litigation Funders Beware! Want to persuade a litigation funder to help you with your trade secrets case?
Minimum 3 years of IP litigation/IP prosecution/IP Transactional experience if the candidate has LL.B. OR Minimum 2 years of IP litigation/patent prosecution/IP Academic experience if the candidate has LL.M. IPR specialisation) with at least one journal publication and who is keen to explore an academic sabbatical.
At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship. The district court granted an injunction that gave control over these key social media accounts to JLM during the pendency of the litigation.
Data or, as we like to call it, books, journals, songs, and other creations of human ingenuity, creativity, and culture is continuously being created. These are very different concepts. Material is plenty available.
In the extremely detailed decision, the Court has also touched upon rare topics like Right to Repair which we rarely come across in the Indian IP litigation. The Government shared this information in a submission made before the Delhi High Court in a Public Interest Litigation initiated by journalist Rajat Sharma. Under Armour v.
And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. JCPA (Journalism Competition and Preservation Act). Basically, Musk’s mistakes pour gasoline on the regulatory fires for everyone. Still, the news was bad for hiQ.
If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. 412 ] (Trump’s lawsuit also claims punitive damages, but both the Copyright Act and case law are clear that punitive damages are not available in copyright litigation.)
In a post for Crowell’s Government Contracts Legal Forum , John McCarthy, Anuj Vohra and Daniel Wolff describe the decision that better defined what degree of competitive harm needs to be presented to support a trade secret invocation under the 2016 FOIA Improvement Act. In Amyndas Pharmaceuticals, S.A.
If you haven’t been watching the litigation tsunami over Meta Pixels, it’s been a sight to behold. An important ruling from the Saschakewan Court of Appeals , affirming that a thumbs-up emoji could constitute assent to a contract with tens of thousands of dollars of economic consequence. Pixel Cases. Emoji Law Cases Are.
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