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The court agreed with MP3tunes that a takedown notice must list specific instances of infringement. However, the court also held that MP3tunes was obligated to remove the infringing songs from users' lockers, since MP3tunes tracked the source of each sideloaded file and could easily find files that were copied from the specified infringing links.
Eleven different record companies, with UMG Recordings serving as the lead plaintiff, sued MP3.com for failing to secure permission for copies of songs that were created automatically when users uploaded ripped songs to the company's servers. MP3.com argued that the owners of compact discs were entitled to make copies of copyrighted songs that ...
But in the legal case Atari Europe S.A.S.U. v. Rapidshare AG in Germany (Legal case: OLG Düsseldorf, Judgement of 22 March 2010, Az I-20 U 166/09 dated 22 March 2010) the Düsseldorf higher regional court examined claims related to alleged infringing activity and reached the conclusion on appeal that "most people utilize RapidShare for legal ...
Thomas-Rasset's counsel asked the Supreme Court for certiorari, primarily reasoning that the statutory damage award is (in effect) punitive, so case law relating to punitive damages should apply. [ 43 ] [ 44 ] The RIAA, reaffirming prior arguments and pointing out that there is no disagreement among the lower courts, urged that the petition be ...
Napster's claims that it enabled legal sampling, space shifting, and permissive distribution (some artists had consented to the presence of their songs on the Napster service) were also rejected by the court. Furthermore, the court found that Napster could control the infringing behavior of the service's users, and therefore had a duty to do so ...
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In July 2014, the plaintiff filed for a motion of summary judgment.However, on October 30, 2014, the court denied the motion. [9] Judge John A. Kronstadt, after reviewing competing musicologist reports, found "substantial similarity [between "Blurred Lines" and "Got to Give It Up"] to present a genuine issue of material fact", and that the "signature phrases, hooks, bass lines, keyboard chords ...
The United States Constitution contains several provisions regarding criminal procedure, including: Article Three, along with Amendments Five, Six, Eight, and Fourteen. Such cases have come to comprise a substantial portion of the Supreme Court 's docket.