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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.
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]
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
As a result of Perez's death, the state corrections commissioner was forced out and the department commissioned an external review of its use-of-force policies, ultimately agreeing, in 2015, to ...
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.
In response to the lawsuit, the California Department of Corrections and Rehabilitation agreed to distribute a memo to its staff instructing them to be "more protective" of visitors undergoing ...
Sgt. Kevin Steele, a 20-year veteran of the California Department of Corrections and Rehabilitation, died by suicide in August 2021 after reporting alleged misconduct to a warden, the state ...
Many of the same points of law that were litigated in this case have been argued in digital copyright cases, particularly peer-to-peer lawsuits; for example, in A&M Records, Inc. v. Napster, Inc. in 2001, the Ninth Circuit Court of Appeals rejected a fair use "space shifting" argument raised as an analogy to the time-shifting argument that ...