Zazzle And Other Print-On-Demand Websites Can Breathe A Sigh Of Relief . . . For Now

31 05 2018

Global IP and Technology Law Blog

Allyson Madrid and Audrey Nicolson on March 27, 2018

Last month, in a February 8, 2018 Order, the Central District of California vacated its injunction in Greg Young Publishing, Inc. v. Zazzle, Inc., 2:16-cv-04587-SVW-KS, in which Zazzle was “permanently enjoined from infringing any of the exclusive rights in 17 U.S.C. § 106 with respect to Plaintiff’s copyrighted works…”  See Permanent Injunction and Order, October 27, 2017.  The court’s February 8th decision acknowledged the practical challenges a platform such as Zazzle would face in complying with the injunction and found that damages were an adequate remedy in the circumstances.

Zazzle is a website that allows users to upload and print images on a wide variety of household items.  In 2016, Zazzle was sued for copyright infringement by a licensing company alleging that Zazzle allowed users to upload the licensing company’s copyrighted artwork.  Following a trial last fall, the judge ordered Zazzle to cease infringing the copyright in artists’ works owned by the plaintiff.

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Google’s use of Java API packages in Android OS not a fair use

31 05 2018

IP Watchdog

Gene Quinn
March 27, 2018The Federal Circuit found Google’s use of Java API packages in it’s Android operating system was not a fair use as a matter of law, resurrecting a multi-billion dollar copyright case brought by Oracle Corp against Google. With copyrightability and fair use now decided, unless the Supreme Court intervenes (which seems unlikely) this case will head back to the district court for a damages trial with the sole question being how much money Google owes Oracle America. “This is a hugely important development in the law of copyright and fair use. If it stands, there are numerous implications,” said J. Michael Keyes is a partner at the international law firm Dorsey & Whitney.

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The content in this post was found at https://www.ipwatchdog.com/2018/03/27/google-copying-java-api-packages-not-fair-use/id=95319/

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Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons

31 05 2018

IP Litigation Current

KIMBERLY DODD AND JOEL DIAMOND ON 27 MARCH 2018

The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision Perfect 10, Inc. v. Amazon.com, Inc.  On March 19, Judge Katherine Forrest certified for interlocutory appeal her February 15 summary judgment decision favoring the copyright owner, Justin Goldman.  In her summary judgment decision, she rejected the publishers’ argument that “embedding” Tweets with the allegedly infringing photo was not copyright infringement, expressing skepticism with the Ninth Circuit’s “Server Test” set forth in Perfect 10 v. Amazon.

This copyright action stems from a photo that Goldman took of Tom Brady with Danny Ainge (the GM of the Boston Celtics) and others in the Hamptons in 2016 when the Celtics were attempting (unsuccessfully) to recruit Kevin Durant. Three days later, Durant announced he would sign with the Golden State Warriors.

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The content in this post was found at https://www.iplitigationcurrent.com/2018/03/27/case-to-watch-goldman-v-breitbart-news-network-llc-involving-the-embedded-tweets-of-tom-brady-recruiting-kevin-durant-in-the-hamptons/

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France seizes France.com from man who’s had it since ‘94, so he sues

30 04 2018

Ars Technica

– 4/29/2018,

A French-born American has now sued his home country because, he claims, the Ministry of Foreign Affairs has illegally seized a domain that he’s owned since 1994: France.com.

In the mid-1990s, Jean-Noël Frydman bought France.com from Web.com and set up a website to serve as a “digital kiosk” for Francophiles and Francophones in the United States.

For over 20 years, Frydman built up a business (also known as France.com), often collaborating with numerous official French agencies, including the Consulate General in Los Angeles and the Ministry of Foreign Affairs.

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The content in this post was found at https://arstechnica.com/tech-policy/2018/04/france-seizes-france-com-from-man-whos-had-it-since-94-so-he-sues/

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Competitive Keyword Advertising Doesn’t Show Bad Intent–ONEpul v. BagSpot

30 04 2018

Technology and Marketing Law Blog

Eric Goldman

April 28, 2018

This case involves dispensers of plastic bags for picking up dogshit. The plaintiff has a registered trademark in the brand “ONEpul.” The defendant describes its bags as “one-pull” (and yet, the term “descriptive fair use” doesn’t appear in the opinion once…). It also buys Adwords on another trademark of the plaintiff, “zerowaste,” but the appellate court doesn’t discuss a trademark infringement claim over the zerowaste mark. My prior blog post on the district court ruling.

The court analyzes the ONEpul trademark claim.

The court concludes: “Taken as a whole, the evidence that ZW submitted at summary judgment showed only that ZW and PWD were in competition with one another.” Summary judgment affirmed.

Case citation: ZW USA, Inc. v. PWD Systems, LLC, 2018 WL 1956417 (8th Cir. April 26, 2018)

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House of Representatives Passes Music Modernization Act – Looking for Clarity on Mechanical Royalties, Pre-1972 Sound Recordings and Other Music Rights Issues

30 04 2018

This week, the US House of Representatives passed the Music Modernization Act. While widely supported among many digital media companies providing on-demand subscription music services as well as by many in the music industry, the bill seemingly has not received the publicity that has been afforded to past music royalty legislation. That may be, in part, because there were few who adamantly opposed the provisions of the bill, as evidenced by a unanimous House vote – something that never would have happened had any significant portion of the music industry opposed the bill. But this moment of togetherness may be, in part, due to the somewhat limited (though nevertheless very important) issues that it addresses.

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The content in this post was found at https://www.broadcastlawblog.com/2018/04/articles/house-of-representatives-passes-music-modernization-act-looking-for-clarity-on-mechanical-royalties-pre-1972-sound-recordings-and-other-music-rights-issues/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration

15 04 2018

Technology & Marketing  Law Blog

Eric Goldman

April 11, 2018

This morning, President Trump signed H.R. 1865, the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), into law. The bill signing was anticipated, but that doesn’t make the outcome any less terrible. Today, Washington DC regulators made a major error, one that we’ll likely regret for decades.

Eventually, I plan to write an explainer about the law. In this post, I’ll highlight three developments from the past 2+ weeks since the Senate approved the bill, plus some open questions.

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How Not to Copy: What is Fair and What is Fair Use?

11 04 2018

IP Watchdog

Raymond Van Dyke
April 5, 2018

These issues of fairness and fair use are played out in the recent Oracle v. Google decision. In a convoluted case that has gone up to the Supreme Court once and will again, the Federal Circuit finally was able to make a ruling that the blatant, verbatim copying of computer code is not a fair use. At issue were the copying of 37 Oracle programs or apps, constituting over 11,500 lines of code, by Google for their use in the Android operating system for smart phones and other uses… In the Federal Circuit’s final analysis of the four factors, they again noted that Google could have written their own code or properly licensed with Oracle, but instead chose to copy. “There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform.” Accordingly, the Federal Circuit held that Google’s use of the Oracle code was not a fair use.

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Patent Troll Sues Spotify, SoundCloud And Deezer Over Patent On A ‘Music Organizer And Entertainment Center’

11 04 2018

Another day, another story of another patent troll. This one is about MOAEC Technologies LLC, a “patent licensing” company that exists solely around four related patents for a “music organizer and entertainment center.” Last month, MOAEC sued Spotify, SoundCloud and Deezer over these patents. It’s interesting that the lawsuit came just a few weeks before Spotify’s IPO, as we’ve seen a bunch of companies sued for patent infringement right before their IPOs — but it didn’t prevent Spotify’s IPO from happening.

All three lawsuits focus on US Patent 6,232,539, which is described this way:

The content in this post was found at 

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https://www.techdirt.com/articles/20180405/06423339567/patent-troll-sues-spotify-soundcloud-deezer-over-patent-music-organizer-entertainment-center.shtml

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Vimeo Copyright Infringement Case Still Going Nearly A Decade Later, With Another Partial Win For Vimeo

11 04 2018

tech dirt

Mike Masnick

I’ll admit that I’d forgotten this case was still going on, but after nearly a decade, there it is. The case involves record labels suing web hosting site Vimeo for copyright infringement. The case, which was first filed in 2009, initially focused on Vimeo’s promotion of so-called “lipdubs.” Vimeo is a much smaller competitor to YouTube for hosting videos, but in the 2007 to 2009 timeframe, got some attention for hosting these “lipdubs” of people singing along to famous songs. Perhaps the most famous was one done by the staff of Vimeo itself. The case has taken many, many, many twists and turns.

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https://www.techdirt.com/articles/20180406/12242839584/vimeo-copyright-infringement-case-still-going-nearly-decade-later-with-another-partial-win-vimeo.shtml

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