Adobe has been granted partial judgment under Federal Rule of Civil Procedure 54(b) in a copyright infringement case so that the Ninth Circuit may determine which party bears the burden of proof when the first sale doctrine is raised as a defense to copyright infringement. Adobe Systems, Inc. v. Christenson, No. 2:10-CV-00422-LRH-GWF (D. Nev. Oct. […]
Archive | Copyright
Copyright First Sale Doctrine and Burdens of Proof
Adobe, having been precluded from relying on license agreements that it failed to produce during discovery, has lost a summary judgment motion on its claim for copyright infringement against a defendant who asserted the first sale doctrine as a defense. Adobe Systems, Inc. v. Christenson, No. 2:10-CV-00422-LRH-GWF (D. Nev. 2012). Defendants sold software over the […]
Are Webpages “Published” Under U.S. Copyright Law?
Allegedly infringed webpages were held not to be “publications” under U.S. copyright law. Rogers v. The Better Business Bureau of Metropolitan Houston, Inc., No. H-10-3741 (Aug. 15, 2012). The plaintiff had described the webpages as unpublished when applying for copyright registrations. The defendant argued that the webpages were published, and that the copyright registrations were […]
Are Links on a Social Network Contributory Copyright Infringement?
Because it was not satisfied that a social network, hosting links to copyrighted videos, was a contributory infringer, the Seventh Circuit has vacated a preliminary injunction against the social network. Flava Works, Inc. v. Gunter, No. 11-3190 (7th Cir. Aug. 2, 2012). According to Judge Posner’s opinion for the court, even if the defendant, myVidster, […]
Copyright Infringement and Software Version Control
Enforcing a software copyright depends on good source code version control. This is because enforcing a software copyright depends on being able to produce the version of software whose copyright is alleged to be infringed. In Indyne, Inc. v. Abacus Technology Corp., No: 6:11-cv-137-Orl-22DAB (M.D. Fla. June 1, 2012), the defendant’s motion for summary judgment […]
When Is Software a Work for Hire?
A recent California case provides a good illustration of different possible grounds for finding that software is a work made for hire under the Copyright Act. Siniouguine v. Mediachase Ltd., CV 11-6113-JFW (AGRx) (C.D. Cal. June 11, 2012). Among other things, the court held that the software was “specially commissioned” and qualified as a work […]
No Copyright Protection for Java APIs: A Win for Google
A significant statement of software copyright law has come in a very high-profile case: Java API packages were held not protectable under U.S. copyright law in Oracle America, Inc. v. Google, Inc., No. C 10-03561 WHA (N.D. Ca. May 31, 2012). The jury, having been told to “take for granted that the structure, sequence and […]
Copying the Look and Feel of Tetris Is Software Copyright Infringement
Xio Interactive did not dispute that it blatantly copied the look and feel of the Tetris video game, even if not its source code. After Xio’s Mino game was posted on Apple’s iTunes store, Tetris Holding, LLC, sued Xio for copyright infringement and trade dress infringement. The court granted summary judgment to Tetris on both […]
No Software Copyright Infringement Without Allegedly Copied Work
A California court has dismissed a plaintiff’s claim for copyright infringement because the plaintiff failed to allege that the defendant had actually copied the allegedly infringed software. Operational Risk Management LLC v. Union Bank, N.A., No. C 12-0584 (N.D. Cal. May 15, 2012). This may seem like an obvious conclusion. Nonetheless, the facts of this […]
A Lesson in Compliance With DMCA Takedown Notice Requirements
A defendant, seeking dismissal of the plaintiff’s complaint, was unable to rely on the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), on the ground that the plaintiff had failed to comply with the DMCA’s notice provisions where the complaint did not make clear whether the defendant had complied […]