Search results
Results from the WOW.Com Content Network
The plaintiffs moved for partial summary adjudication on defendants' fair use defense on October 4, 1999, and cross-filed for summary judgment citing a First Amendment defense on October 19 under seal. Judge Margaret M. Morrow issued a preliminary ruling on November 8, 1999, rejecting the "fair use" argument. [6]
Thus, the Circuit Court rejected Napster's argument that file sharing by its users qualified for the fair use defense. 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.
After the death of an author, the widow and children are eligible to renew copyright, equally as a class. Additionally, conditional on state laws, illegitimate children are also eligible for a share of the copyright. Columbia Broadcasting System, Inc. v. Loew's, Inc. 356 U.S. 43: 1958: 4–4: Substantive: Fair use in parody: per curiam
The circuit court also considered Corley's fair use defense, as Corley argued that DeCSS allowed users to watch encrypted DVDs, which prior to that point had been impossible on Linux machines. The circuit court held that the specific facts of the present case were beyond the types of fair use that are permissible under the DMCA.
Camara also tried to raise a fair use defense at the last minute, but it was disallowed on procedural grounds. Fair use is an affirmative defense which would have to have been raised prior to the first trial, or at least reasonably early enough to allow for discovery in the retrial, whereas the retrial date was only days away.
The Civil Rights Department filed lawsuits in 2018 and 2021 against Riot Games and Activision, alleging the companies had violated California’s equal-pay and anti-discrimination laws with their ...
Thus, the district court denied Universal's motion to dismiss Lenz's claim. The district court believed that Universal's concerns over the burden of considering fair use were overstated, as mere good faith consideration of fair use, not necessarily an in-depth investigation, is a sufficient defense against misrepresentation. [2]
In the new year, blockbuster legal cases will play out in US courts. Major criminal cases include Sean "Diddy" Combs and Luigi Mangione. In the civil arena, the DOJ's list of antitrust lawsuits ...