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Partial victory for BMI: Federal judge rules against full-work licensing requirement

By Martin Miernicki

On 16 September 2016, Judge Stanton issued an opinion interpreting the BMI Consent Decree. He concluded that the decree does not require BMI to issue “full-work” licenses. 329 more words


Who’s on Second (Circuit)? Transformative fair use

By Marie-Andrée Weiss

The Second Circuit found on 11 October 2016 that verbatim use of the famous ‘Who’s on First’ Abbott and Costello routine in the… 1,725 more words


When is the output of a copyright-protected software program itself protected by copyright?

By Marie-Andrée Weiss

When is the output of a copyright-protected software program itself protected by copyright? This is a case of first impression for any court of appeals which is pending at the Ninth Circuit. 1,531 more words


The exhaustion rule does not authorize the resale of the back-up copy of a computer program

By Marie-Andrée Weiss

The Court of Justice of the European Union (CJEU) ruled on 12 October  2016 that while the original acquirer of a software can resell his used copy of the program because the exclusive rights of the copyright holder have been exhausted by the first sale, reselling a back-up copy of the program is subject to the authorization of the rightsholder. 1,008 more words


McFadden vs. Sony Entertainment – ECJ prohibits anonymous open WLANs

By Maria Sturm

On 15 September 2016 the ECJ presented its judgement in the case Tobias McFadden vs. Sony Entertainment Germany. The judgement is interesting for two reasons: 1) it clarifies some questions about the liability of WLAN providers and 2) the judges deviated from the… 743 more words


BitTorrent Attorney Fees: Judge Beckerman Awards Fees to Successful Defendant when Copyright Troll Continued to Press Case Knowing Defendant was Innocent


Judge Stacie Beckerman issue the following opinion on December 2, 2016 in the US District Court in Oregon.  Finding that Carl Crowell, the Salem, Oregon lawyer who has sued 100s of people for allegedly engaging in BitTorrent activity – none of which have made it to trial – continued to litigate the case against a person he knew was not liable. 1,158 more words