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| | Patent infringement - Wikipedia, the free encyclopedia |
 | | Depending on the patent laws in the country where the patent infringement has taken place, the owner of the patent may take action in equity or in law such as an injunction or lawsuit against those who did the infringement. | | | The single most common defense to patent infringement is a counter-attack on the patent itself, i.e., the validity of the patent and the allegedly infringed claims. | | | In law, a patent infringement occurs when the subject-matter claimed in a patent has been utilized by someone other than the rightholder, without the owner's approval or in disagreement with the terms of use given by the owner. |
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http://en.wikipedia.org/wiki/Patent_infringement
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| | Prosecuting Intellectual Property Crimes: III. Criminal Copyright Infringement |
| | Infringement of the copyright (by reproduction or distribution of the copyrighted work) Once the copyright is established, the government must then prove that the defendant "infringed" that copyright. | | | Misdemeanor copyright infringement, for which the maximum penalty is one year in prison and a fine of $100,000, has almost the same first three elements as felony copyright infringement. | | | However, since the actual infringement of the copyrighted work is not often provable in reproduction cases, circumstantial evidence may be used to prove that (1) the defendant had access to the copyrighted work and (2) that defendant's work is substantially similar to the copyrighted material. |
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http://www.cybercrime.gov/ipmanual/03ipma.htm
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| | Copyright Infringement [NYS-STLC] |
| | Anyone who violates any of the exclusive rights of the copyright owner, as provided by 17 USC §106, or of the author as provided in §106A, or who imports copies or phonorecords into the United States in violation of §602, is an infringer of the copyright or right of the author, as the case may be. | | | Unlike contributory infringement, but similar to the direct copyright infringement theory, knowledge of the underlying infringement is not an element of a claim for vicarious liability, and, therefore, innocence is no defense. | | | In order to institute an infringement action it is necessary to have a valid federal copyright registration. If, however, the action is brought by the author who is alleging a violation of the author's rights protected by §106A no federal copyright registration is required. |
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http://nys-stlc.syr.edu/lawlibrary/copyright/infringement.aspx
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| | On-line Copyright Infringement Liability for Internet Service Providers Context, Cases & Recently Enacted Legislation |
| | The court held that Netcom was not liable for vicarious copyright infringement. | | | After dismissing the claim for direct copyright infringement, the court stated that Netcom was similar to the owner of a public copier machine and therefore its liability should be analyzed under the category of secondary copyright infringement. | | | Intent or knowledge is not an element of copyright infringement, and thus even an innocent is liable for infringement; rather, innocence is significant to a trial court when it fixes statutory damages” [61]. |
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http://www.bc.edu/bc_org/avp/law/st_org/iptf/articles/content/1999060401.html
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| | US CODE: Title 35,271. Infringement of patent |
| | The remedies prescribed by subparagraphs (A), (B), and (C) are the only remedies which may be granted by a court for an act of infringement described in paragraph (2), except that a court may award attorney fees under section 285. | | | (b) Whoever actively induces infringement of a patent shall be liable as an infringer. | | | (2) It shall be an act of infringement to submit— |
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http://www4.law.cornell.edu/uscode/35/271.html
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| | NII - Part I: Law - Copyright Infringement |
| | Copyright infringement is determined without regard to the intent or the state of mind of the infringer; "innocent" infringement is infringement nonetheless. | | | Altering the standards of liability for infringement would be a significant departure from current copyright principles and law and would result in a substantial derogation of the rights of copyright owners. | | | Direct participation in infringing activity is not a prerequisite for infringement liability, as the Copyright Act grants to copyright owners not only the right to exercise the exclusive rights, but also the right "to authorize" the exercise of those rights. |
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http://www.ladas.com/NII/CopyrightInfringement.html
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| | Infringement of Patents |
| | The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement. | | | Suits for infringement of patents follow the rules of procedure of the Federal courts. | | | Infringement of a patent consists of the unauthorized making, using, offering for sale or selling any patented invention within the United States or United States Territories, or importing into the United States of any patented invention during the term of the patent. |
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http://www.uspto.gov/web/offices/pac/doc/general/infringe.htm
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| | U.S. INFRINGEMENT LIABILITY FOR FOREIGN SELLERS OF INFRINGING PRODUCTS |
| | In addition to direct infringement, United States patent law also allows for the imposition of liability for infringement upon those who, although they have not directly infringed the patent themselves, have aided or abetted another’s direct infringement. | | | This iBrief examines the infringement liability of a foreign seller or manufacturer for sales of products abroad that find their way into the United States and are subsequently alleged to infringe a United States patent due to the importation. | | | Judging from these two decisions contemplating contributory infringement based on a directly infringing sale, courts might be expected to treat similar situations where the direct infringement is an importation in the same manner. |
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http://www.law.duke.edu/journals/dltr/articles/2003dltr0032.html
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| | Understanding Patent Infringement |
| | Direct infringement is the making, using, offering to sell or sale of any patented invention within the United States, or importation of a patented invention into the United States. | | | A determination of infringement under the Doctrine of Equivalents is at times complex and probably will require the services of a patent attorney. | | | That portion of the patent statutes sets forth three types of literal infringement, which are direct infringement (35 USC 271(a)), inducing infringement (35 USC 271(b)) and contributory infringement (35 USC 271(c)). |
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http://www.hsrinsider.com/articles/2c1legal.html
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| | U.S. Copyright Office - 128-Bit Browsers |
| | The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the papers in the case on file in such clerk's office. | | | Liability of States, instrumentalities of States, and State officials for infringement of copyright | | | (2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. |
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http://www.copyright.gov/title17/92chap5.html
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| | Patent Infringement Opinion |
| | Patent Infringement Opinions are an evaluation of a patent by reference to the issued patent and all the documentation generated in obtaining the patent (the patent prosecution file) and comparing the patent with another article, method, process, or composition. | | | An infringement opinion is particularly useful in avoiding the sanction of triple damages and attorney's fees that are awarded in cases of willful infringement. | | | Patent infringement litigation is some of the most resource intensive and expensive litigation "enjoyed" by the federal courts. |
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http://www.intellectlawgroup.com/patent_infringement_opinion.htm
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| | Understanding Patent Infringement Legal Opinions |
| | In almost every situation, a patent infringement study that leads to a patent infringement opinion should be commenced immediately in order to evaluate the risk of the patent infringement charge and also to provide a basis for avoiding a willful infringement charge by the competitor in the event of a patent infringement lawsuit. | | | This charge of patent infringement can be made in different ways, but most commonly it is made in a cease and desist letter that sets forth some very basic facts such as the competitor's patent (often with a copy of the patent attached to the letter) and your company's allegedly infringing product. | | | After the introduction, the current law of patent infringement should be stated, with appropriate legal authority cited. |
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http://www.tms.org/pubs/journals/JOM/matters/matters-9512.html
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| | Public Knowledge - The Inducing Infringement of Copyrights Act of 2004 (formerly known as the INDUCE Act) |
| | The "Inducing Infringement of Copyright Act of 2004" (S. 2560) is a measure aimed at reversing a federal district court decision in the Ninth Circuit called MGM et al. | | | In that case, the district court concluded that Grokster, a distributor of peer-to-peer file-sharing software, was not liable for "contributory" or "vicarious" copyright infringement. | | | The bill would add a new section to the Copyright Act that would make "inducing" copyright infringement an offense under the Act, and that would not be subject to the same defenses that Grokster was able to use in its case. |
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http://www.publicknowledge.org/issues/s2560
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| | INTERNET SERVICE PROVIDER LIABILITY FOR CONTRIBUTORY TRADEMARK INFRINGEMENT AFTER GUCCI |
| | Although the Lanham Act does not address either contributory or vicarious liability for copyright infringement, courts have used common law concepts to apply these to indirect infringers. | | | Despite this apparent bar to extending immunity to trademark infringement, the court addressed Mindspring's argument that immunity would not "limit" or "expand" any IP laws because such contributory liability for trademark infringement had never before been imposed on an ISP. | | | In examining the issue of CDA immunity from contributory liability for trademark infringement, the district court first looked to the statutory language. |
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http://www.law.duke.edu/journals/dltr/articles/2002dltr0025.html
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| | CSUCI > Copyright Infringement |
| | My signature also certifies that that the information contained in this notification of copyright infringement is accurate and, under penalty of perjury, I am authorized to act on behalf of the owner of the copyright allegedly infringed. | | | A hard-copy of the Copyright Infringement Form is available in Acrobat PDF format. | | | By checking the checkbox below, I certify that I, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. |
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http://www.csuci.edu/copyright/copyright_infringement.htm
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| | Pearl Patent Infringement |
| | Percentage of appealed patent infringement judge-alone verdicts that are overturned: 22% | | | Percentage of patent infringement lawsuits heard by juries in 1970 and 1999, respectively: 2.8%, 59% | | | Amount spent on legal fees to litigate patent infringement lawsuits in the U.S. in 2000: $4.2 billion |
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http://www.pearlltd.com/content/pat_inf_law.html
(377 words)
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| | Patent Portfolio Insurance Infringement Claims Defense |
| | Median litigation costs for an infringement suit through trial can range from $180,000 for copyrights to $1,200,000 for patents nationally. | | | Service of Suit against the Company: The Service of Suit Endorsement is an endorsement required by certain states which provides that should the Named Insured wish to bring suit against the Company, the Company agrees to comply with requirements necessary to give the Court jurisdiction. | | | Reimburses your legal costs when you assert invalidity as a defense to a charge of patent/trademark/copyright infringement. |
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http://www.2xfr.com/insurance_defend.asp
(993 words)
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| | Patent Portfolio Infringement Insurance Litigation Defense Abatement |
| | Infringement Abatement Insurance pays your legal costs when your intellectual property is challenged by a countersuit for invalidity in an infringement suit. | | | The policy can be written to cover US and foreign patents, copyrights and trademarks as well as patent or trademark applications including provisional patent applications. | | | Defense Cost Reimbursement reimburses your legal costs when you assert patent invalidity as a defense to a charge of patent infringement. |
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http://www.2xfr.com/insurance.asp
(350 words)
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| | Stopping Copyright Infringement Without Stopping Innovation |
| | That court ruled that Napster was not protected from liability for its users’ copyright infringements under the § 512(a) “conduit” safe harbor. | | | The Court’s concern, easily discernible in its analogy to the “staple article of commerce” doctrine in contributory patent infringement cases, was that copyright owners not be allowed to control the development of new technologies used in connection with copyrighted works. | | | Two doctrines of secondary liability have emerged in copyright law: contributory infringement and vicarious liability. |
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http://tprc.org/papers/2003/210/Stopping_Copyright_Infringement_Without_Stopping_Innovation.htm
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| | Law 10 Chp. 9 Intellectual Property Rights Spring 2000 |
| | Gist of claim for trademark infringement or the related common-law tort is a sanction against one who trades by confusion on the goodwill or reputation of another, whether by intention or not. | | | The gist of a claim for trademark infringement, or the related commonlaw tort, is a sanction against one who trades by confusion on the goodwill or reputation of another, whether by intention or not. | | | Congress intended provision for award of attorney fees in exceptional trademark cases to be applied where the acts of infringement could be characterized as unconscionable, malicious, fraudulent, deliberate, or willful. |
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http://hyper.vcsun.org/HyperNews/djordan/get/law10sp20chp9iplaw.html
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| | Converium: Doctrine of Laches and Patent Infringement Litigation |
| | Successful underwriting and claims management of patent infringement risks and litigation demands an understanding of the rules governing patentees' obligations regarding enforcement of their rights and the timeframe within which that must take place. | | | The U.S. Court of Appeals for the Federal Circuit arrived at opposing conclusions in the two Wanlass cases, despite the involvement of the same plaintiff and patent. | | | The court focused on the open practice of infringement in the General Electric case and the lack of same in Fedders, to support its conclusions. |
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http://www.converium.com/2103.asp
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| | Copyright Infringement |
| | If it is determined that a person is guilty of copyright infringement, penalties could include a court order to stop producing that item, confiscation of the items, and paying the owner of the copyright any profits you received (or could have received) as well as attorney fees. | | | Copyright infringement occurs when a person copies someone else's copyrighted items without permission. | | | Articles on protecting quilts may be reprinted in your newsletter free of charge. |
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http://www.lostquilt.com/CopyrightInfringement.html
(753 words)
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| | FAQ about Trademark -- Chilling Effects Clearinghouse |
| | Of course, the determination of infringement is actually one that will be made by the court, so a trademark owner is simply using a best guess about whether or not infringement actually has occurred. | | | For example, in one case a court found that the operator of a California swap meet was liable for contributory trademark infringement because it was aware that vendors at its swap meet were selling counterfeit recordings that violated the trademark of the company that owned the rights to the recordings. | | | The court may grant the plaintiff a preliminary injunction on use of the mark -- tell the infringer to stop using the trademark pending trial. |
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http://www.chillingeffects.org/trademark/faq.cgi
(8898 words)
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| | CyberLaw (tm) -- NOTICE OF INFRINGEMENT |
| | Copyright infringement involves unauthorized exercise of one or more of the exclusive rights of a copyright holder, as set out in Section 106 of the Copyright Act. | | | But even if not liable for direct copyright infringement, Netcom may still be held liable as a contributory infringer. | | | Netcom claims Scientology's notice of alleged infringement was too equivocal given the difficulty in assessing whether copyright registrations are valid and whether use is fair. |
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http://www.cyberlaw.com/cylw1195.html
(1996 words)
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| | Trademark Infringement (BitLaw) |
| | The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. | | | The elements for a successful trademark infringement claim have been well established under both federal and state case law. | | | In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. |
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http://www.bitlaw.com/trademark/infringe.html
(586 words)
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| | Copyright Infringement Complaints |
| | Please note: A Copyright Infringement Complaint should be filed only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Tree of Life website. | | | The Digital Millennium Copyright Act requires that all notices of alleged copyright infringement be in writing. | | | If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this website, please submit a Copyright Infringement Complaint. |
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http://tolweb.org/tree/home.pages/CopyrightInfringement.html
(378 words)
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| | Technorati Tag: infringement |
| | A copyright owner is entitled to recover its attorneys' fees for pursuing a copyright infringement action if (1) the infringement occurred after the... | | | Yahoo News reported today: The U.S. Supreme Court has decided not to hear a Microsoft Corp. appeal in the software company’s ongoing Web browsing... | | | Lee Thomason, a registered patent attorney and IP litigator at Frost Brown Todd's Louisville office provides an interesting guest post at Patent... |
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http://technorati.com/tag/infringement
(612 words)
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| | PalmOne wins patent-infringement case - Ferrago News Portal |
| | Appeals court has reversed injunction on a patent infringement case involving Research In Motion and its BlackBerry service. | | | Court affirms patent infringement but reverses injunction in case over the BlackBerry service. | | | A United States appeals court upheld a finding of patent infringement against Research In Motion Ltd., which makes the BlackBerry data device. |
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http://www.ferrago.com/portal/cluster/97923
(492 words)
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| | What is contributory infringement? -- Chilling Effects Clearinghouse |
| | To succeed on a contributory infringement claim, the copyright owner must show that the webmaster or service provider actually knew or should have known of the infringing activity. | | | Providing a forum for uploading and downloading any copyrighted file or cracker utility may also be contributory infringement. | | | Posting access codes from authorized copies of software, serial numbers, or other tools to assist in accessing such software may subject you to liability. |
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http://www.chillingeffects.org/dmca512/question.cgi?QuestionID=268
(354 words)
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| | Streamingmedia.com: Meet the New Draft, Same as the Old Draft |
| | Companies would be held responsible for each act of copyright violation with their technology and face penalties of up to $30,000 per infringement and $150,000 per instance of willful infringement. | | | The U.S. Copyright Office’s introduction of a “discussion draft” that would narrow the scope of the controversial Inducing Infringement of Copyright Act has done little to quell fears that the legislation would deliver a massive blow to technological innovation. | | | The bill would give copyright holders virtual veto power over any technological development that could be used to distribute copyrighted material. |
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http://www.streamingmedia.com/article.asp?id=8828
(303 words)
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| | EU Council 2004 Proposal on Software Patents |
| | Program claims do not serve a practical purpose: it would be more straightforward to pursue the marketing of information goods as contributory infringement and to separately regulate the modalities of this type of infringement, taking into consideration the particularities of the information economy. | | | Member States shall ensure that the production, handling, processing, distribution and publication of information, in whatever form, can never constitute direct or indirect infringement of a patent, even when a technical apparatus is used for that purpose. | | | In contrast to the EP version, the council version permits unlimited patentability and patent enforceability. |
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http://swpat.ffii.org/papers/europarl0309/cons0401/index.en.html
(6354 words)
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| | House panel approves copyright bill CNET News.com |
| | Gigi Sohn of Public Knowledge, a nonprofit group that agitates for fair use rights, said in a statement after Wednesday's vote that: "We hope the full Judiciary Committee will take a harder look at the change in the standard needed for prosecution of copyright infringement under this bill. | | | A House of Representatives panel has approved a sweeping new copyright bill that would boost penalties for peer-to-peer piracy and increase federal police powers against Internet copyright infringement. | | | Smith said that the reworked version "clarifies and narrows the application of criminal copyright law to the worst P2P offenders." |
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http://news.com.com/2100-1028-5182898.html
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| | Trade Remedy Investigations--Intellectual property infringement and other unfair acts |
| | Both utility and design patents, as well as registered and common law trademarks, may be asserted in these investigations. | | | Trade Remedy Investigations--Intellectual property infringement and other unfair acts | | | Other forms of unfair competition involving imported products, such as infringement of registered copyrights, mask works or boat hull designs, misappropriation of trade secrets or trade dress, passing off, and false advertising, may also be asserted. |
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http://www.usitc.gov/trade_remedy/int_prop
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| | mtv.com - News - Colleges, RIAA Pleased With Progress In War On File-Sharing |
| | Educating the student body on the legal ramifications of copyright infringement continues to be a top priority (see " 'Online Piracy 101' Required For Freshman At Some Schools"), the report stated. | | | and Entertainment Communities issued a report to Congress outlining the initiatives schools have taken in the areas of education on copyright infringement; technological solutions to the problem; and future collaborations between the recording industry, legitimate download services and college administrations. | | | The report focused mainly on new deals that have been struck between colleges and legal download services such as Napster. |
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http://www.mtv.com/news/articles/1490524/20040824/index.jhtml?headlines=true
(1046 words)
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| | Patent Infringement Outline |
| | Infringement (the accused party did something the law implies to be infringement) | | | Infringement (the accused party was aiding or abetting infringement); | | | Infringement (the accused party makes, uses or sells an infringing item.) |
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http://burdicklawfirm.tripod.com/pinfrng.htm
(356 words)
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| | Intellectual Property Forums - Inducing Infringement question |
| | Assume that there is no direct or contributory infringement by manufacturer, and issue is inducing infringement. | | | Forum software copyright © 2000-2004 Yet another Bulletin Board | | | Does evidence of direct infringement by consumers satisfy this requirement, or does direct infringement have to be by the wholesaler, as the direct customer of the manufacturer? |
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http://www.intelproplaw.com/Forum/Forum.cgi?board=patent_infringement&action=display&num=1117309103&start=0
(136 words)
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| | Induce Act tweaks fail to stem concern The Register |
| | The Bill (Inducing Infringement of Copyrights Act of 2004, to give its full title) adds the same liabilities for copyright infringement to anyone who "intentionally induces", via a product or service, acts of copyright infringement. | | | The substance of the bill remains the same, despite the addition of language which appears to permit "fair use." Such provisions are made irrelevant by the remaining language which allows manufacturers of VCRs, PVRs and PCs to become liable for inducement. | | | One of the bill's co-sponsors, Senator Hatch, once advocated introducing compulsory licenses (aka "Flat Fees") to bring sense to the record industry and raise money for songwriters from file trading. |
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http://www.theregister.co.uk/2004/09/27/induce_act_tweaked
(516 words)
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| | The UK Patent Office - Trade Marks - Protecting |
| | If your mark is registered, the "passing off" would constitute infringement, for which you can take legal action. | | | Infringement is the unlawful use of a registered trade mark. | | | The Trade Marks Registry is not responsible for policing the Register of Trade Marks and cannot advise you on either of the actions shown on this page. |
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http://www.patent.gov.uk/tm/indetail/protect.htm
(306 words)
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| | USATODAY.com - Acacia sues cable, satellite TV firms in patent dispute |
| | Acacia sues cable, satellite TV firms in patent dispute | | | Acacia Media Technology, a division of Newport Beach, Calif.-based Acacia Research, alleges that nine companies are violating five patents, some of which date back to 1992. | | | LOS ANGELES — A firm that says it holds the rights on technology needed to power video-on-demand services and the streaming of video over the Internet sued major cable and satellite television companies alleging patent infringement. |
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http://www.usatoday.com/tech/news/2004-06-16-acacia-patents_x.htm
(487 words)
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| | Divine Intervention |
| | Divine, Inc. is filing lawsuits against a variety of small companies who are being accused of patent infringement. | | | Divine is counting on this, knowing that most businesses will eventually accept their offer to license their "technology" for a mere $20,000 instead of facing hundreds of thousands of dollars in legal bills. | | | No one likes what Divine is doing to their businesses, and most are outraged by the abuse of the patent system. |
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http://www.divineintervention.biz
(538 words)
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| | Salon.com Technology Court to Napster: You're going down |
| | As of Friday at midnight PDT, Napster must shut down -- or find some way to prevent its 20 million users from trading any songs copyrighted by the 18 record companies suing the MP3-swapping service for copyright infringement. | | | This was the order of U.S. District Judge Marilyn Hall Patel, who on Wednesday granted the recording industry the preliminary junction it was looking for, after poking holes in Napster's arguments throughout a tense two-hour hearing. | | | The judge vents her wrath on the Napster "monster" and closes the music-swapping service -- for now. |
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http://www.salon.com/tech/feature/2000/07/27/napster_hearing
(596 words)
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| | Music piracy unit raids ISP in BitTorrent assault: ZDNet Australia: News |
| | Outgoing Music Industry Piracy Investigations (MIPI) general manager, Michael Speck, said the raid was launched this afternoon at the offices of Swiftel Communications in the Western Australian capital's central business district after federal magistrate Rolf Driver yesterday granted a civil search order. | | | 10 March 2005 05:04 PM Australia's music industry piracy investigations unit has raided an Internet service provider in Perth in what it says is the first Australian assault on the use of BitTorrent technology for copyright infringement. |
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http://www.zdnet.com.au/news/0,39023165,39184042,00.htm
(993 words)
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