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Submission + - Troll complaint dismissed; subscriber not necessarily infringer (blogspot.com)

NewYorkCountryLawyer writes: "The courts are finally starting to get it, that the subscriber to an internet access account which has been used for a copyright infringement is not necessarily the infringer. In AF Holdings v. Rogers, a case in the Southern District of California, the Chief Judge of the Court has granted a motion to dismiss the complaint for failure to state a claim where the only evidence the plaintiff has against defendant is that defendant appears to have been the subscriber to the internet access account in question. In his 7-page opinion (PDF), Chief Judge Barry Ted Moskowitz noted that "just because an IP address is registered to an individual does not mean that he or she is guilty of infringement when that IP address is used to commit infringing activity"."

Submission + - Appeals court upholds sanction against BitTorrent download attorney (blogspot.com)

NewYorkCountryLawyer writes: "The United States Court of Appeals for the Fifth Circuit has upheld sanctions awarded by a District Court against one of the lawyers bringing copyright infringement cases against individuals for BitTorrent movie downloads, in Mick Haig Productions v. Does 1-670. The Court's opinion (PDF) described the lawyer's "strategy" as "suing anonymous internet users for allegedly downloading pornography illegally using the powers of the court to find their identity, then shaming or intimidating them into settling for thousands of dollars — a tactic that he has employed all across the state and that has been replicated by others across the country"."
Piracy

Submission + - Warner Bros sued for pirating Louis Vuitton tradem (blogspot.com) 2

NewYorkCountryLawyer writes: "You have to love a case where Warner Brothers, copyright maximalist extraordinaire, gets sued for "piracy", in this case for using a knock-off Luis Vuitton bag in a recent movie. This lawsuit has been described as "awkward" for Warner; I have to agree with that characterization. Louis Vuitton's 22-page complaint (PDF) alleges that Warner Bros. had knowledge that the bag was a knock-off, and went ahead, and used it, anyway. Apparently Warner Bros. takes IP rights seriously only when its Warner's IP rights that are involved."

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