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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]
The Contractors State License Board (CSLB) follows a long history of consumer protection and licensing in California. Consumer protection began in 1876 when California passed the Medical Practice Act which would use licensing to combat completely unregulated medical practice.
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.
Nintendo established reverse engineering was a fair use exception to copyright infringement, [5] it did not conflict with an additional contract disallowing reverse engineering. [1] In the Federal Court's own interpretation, Vault v. Quaid found that state law was preempted by copyright law, [6] but it does not apply to a private contractual ...
California’s Private Attorneys General Act (PAGA) was originally passed to help workers file claims for labor law violations. Unfortunately, the law is being grossly manipulated, with attorneys ...
Although fair use ostensibly permits certain uses without liability, many content creators and publishers try to avoid a potential court battle by seeking a legally unnecessary license from copyright owners for any use of non-public domain material, even in situations where a fair use defense would likely succeed. The simple reason is that the ...
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 ...
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