The Metaphysics of Music Copyright Infringement Litigation

MusicI was interviewed and quoted in a recent BuzzFeed article on copyright litigation related to musical compositions.  The article discusses the basics of infringement claims and defenses, as well as examples both new and old of high-profile cases.  Overall, an excellent layperson’s introduction to the issues involved when one songwriter believes he or she was ripped off by another.

photo by: Douglas Heriot

Version Control Blues: Failure to Keep Copy of Registered Version of Source Code Dooms Copyright Infringement Claim

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Creative Commons License photo credit: Sebastian Fuss
A recent First Circuit decision highlights the importance of keeping records of revisions to computer software in copyright infringement cases.  The court affirmed summary judgment against the plaintiff because the source code it used to prove infringement was from a later version of the software than the one registered.  The court reasoned that without comparison to the source code of the version actually registered, the plaintiff could not prove that the copied code came from the registered version. [Read more…]

Suing For All The Tea In China: Court Exercises Jurisdiction Over Chinese Government And Companies In $2.2 Billion Copyright Infringement Case

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The Central District of California is allowing a software copyright infringement suit to proceed against the People’s Republic of China and several Chinese corporations, in which the pleaded copyright damages exceed $2.2 billion.  The Amended Complaint in CYBERsitter, LLC v. Peoples Republic of China, the plaintiff software developer alleges that large and important chunks of its Internet content filtering software were copies wholesale by two Chinese software developers working in conjunction with the Chinese government, and that China then essentially mandated that every new computer sold or distributed within China have a copy of the infringing “Green Dam” filtering software installed.  [Read more…]

Perfect 10 v. Google: Ninth Circuit Holds No More Presumption Of Irreparable Harm In Copyright Infringement Cases

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Creative Commons License photo credit: Max Braun

I guess the subtitle for this post could be “Ninth Circuit Holds: Suing Google Is Not A Business Model.”  In the seemingly endless litigation between purveyors of on-line nudie pictures, Perfect 10 [Warning: Link Not Workplace Friendly or Politically Correct or Tasteful], and Google, the Ninth Circuit has joined the rest of the copyright world in acknowledging that the presumption of irreparable harm, employed for many years by the federal courts, did not survive the Supreme Court’s eBay Inc. v. MercExchange, LLC decision.  In doing so, the Ninth discussed and approved of the Second Circuit’s decision in Salinger v. Colting, which came to the same conclusion. [Read more…]

DMCA Does Not Like This Flava: Injunction Granted Due To Insufficient Repeat Infringer Policy

Lovely City Snap, but for...
Creative Commons License photo credit: cobalt123

A district court in the Northern District of Illinois granted a preliminary injunction on July 27, against an online video service, finding both (1) knowledge of infringement sufficient to support contributory liability and (2) unavailability of the DMCA safe harbor defense based upon the defendant’s failure to enact and enforce a reasonable repeat infringer policy. [Read more…]