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Capitol Records, LLC V. ReDigi Inc.
''Capitol Records, LLC v. ReDigi Inc.'' is a case from the United States District Court for the Southern District of New York concerning copyright infringement of digital music. In ''ReDigi'', record label Capitol Records claimed copyright infringement against ReDigi, a service that allows resale of digital music tracks originally purchased from the iTunes Store. Capitol Records' motion for a preliminary injunction against ReDigi was denied, and oral arguments were given on October 5, 2012. The ''ReDigi'' case raised the novel issue of whether digital music purchases are eligible for resale under the first-sale doctrine. On March 30, 2013, Judge Richard J. Sullivan ruled in favor of Capitol Records, explaining that the transfer of digital data from one storage medium to another constituted a violation of copyright, because the copy was ultimately an unauthorized reproduction, and therefore outside of the protection of the first-sale doctrine. ReDigi appealed to the Second C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York City: New York (Manhattan) and Bronx; six are in the Hudson Valley: Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active and influential federal trial courts in the United States. It often has jurisdiction over America's largest financial institutions and prosecution of white-collar crime and other federal crimes. Because of its age, being the oldest federal court in the histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limitations And Exceptions To Copyright
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). Some view limitations and exceptions as "user rights"—seeing user rights as providing an essential balance to the rights of the copyright owners. There is no consensus among copyright experts as to whether user rights are rights or simply limitations on copyright. The concept of user rights has been recognised by courts, including the Canadian Supreme Court, which classed "fair dealing" as such a user right. These kinds of disagreements in philosophy are quite common in the philosophy of copyright, where debates about jurisprudential reasoning tend to act as proxies for more substantial disagre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Graham Archives V
Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Places * Bill, Wyoming, an unincorporated community, United States People and fictional characters * Bill (given name), a list of people and fictional characters * Bill (surname) * Bill (footballer, born 1953), Brazilian football forward Oswaldo Faria * Bill (footballer, born 1978), Togolese football forward Alessandro Faria * Bill (footballer, born 1984), Brazilian football forward Rosimar Amâncio * Bill (footballer, born 1999), Brazilian forward Fabricio Rodrigues da Silva Ferreira Arts, media, and entertainment Characters * Bill, the villain of the ''Kill Bill'' films * Bill, one of the protagonists of the ''Bill & Ted'' films * A lizard in Lewis Carroll's ''Alice's Adventures in Wonderland'' * A locomotive in ''The Railway Series ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
17 U
Seventeen or 17 may refer to: *17 (number) * One of the years 17 BC, AD 17, 1917, 2017, 2117 Science * Chlorine, a halogen in the periodic table The periodic table, also known as the periodic table of the elements, is an ordered arrangement of the chemical elements into rows (" periods") and columns (" groups"). It is an icon of chemistry and is widely used in physics and other s ... * 17 Thetis, an asteroid in the asteroid belt Literature Magazines *Seventeen (American magazine), ''Seventeen'' (American magazine), an American magazine *Seventeen (Japanese magazine), ''Seventeen'' (Japanese magazine), a Japanese magazine Novels *Seventeen (Tarkington novel), ''Seventeen'' (Tarkington novel), a 1916 novel by Booth Tarkington *''Seventeen'' (''Sebuntiin''), a 1961 novel by Kenzaburō Ōe *''Seventeen (Yokoyama novel), Seventeen'' (''Kuraimāzu hai''), a 2003 novel by Hideo Yokoyama *Seventeen (Serafin novel), ''Seventeen'' (Serafin novel), a 2004 novel by Shan Seraf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bobbs-Merrill Co
The Bobbs-Merrill Company was an American book publisher active from 1850 until 1985, and located in Indianapolis Indianapolis ( ), colloquially known as Indy, is the List of capitals in the United States, capital and List of municipalities in Indiana, most populous city of the U.S. state of Indiana and the county seat of Marion County, Indiana, Marion ..., Indiana. Company history The Bobbs-Merrill Company began in 1850 October 3 when Samuel Merrill (Indiana politician), Samuel Merrill bought an Indianapolis bookstore and entered the publishing business. After his death in 1855, his son, Samuel Merrill, Jr. continued the business. Soon after the American Civil War (1861–1865) the business became Merrill, Meigs, and Company, and in 1883 the name changed again to the Bowen-Merrill Company. In 1903 the name became the Bobbs-Merrill Company, after long-time director, William Conrad Bobbs. From 1899 through 1909, the company published 16 novels whose sales placed each o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First-sale
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine. Overview of copyright law application Copyright law grants a copyright owner an exclusive right "to distribut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First-sale Doctrine
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine. Overview of copyright law application Copyright law grants a copyright owner an exclusive right "to distribut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976; most parts of the law went into effect on January 1, 1978. US Register of Copyrights Barbara Ringer took an active role in drafting the statute. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Irreparable Harm
An irreparable injury is, in equity (law), equity, "the type of harm which no monetary compensation can cure or put conditions back the way they were." The irreparable injury rule It has traditionally been a requirement of Equity (law), equity that no relief can be granted unless there is irreparable injury. This requirement, commonly called the "irreparable injury rule", has been the subject of sustained academic criticism, especially by remedies scholar Douglas Laycock, who has argued at length that the rule does not actually explain the decisions of courts in the United States. Nevertheless, the irreparable injury rule was reaffirmed by the U.S. Supreme Court in ''eBay v. MercExchange'', 547 U.S. 388 (2006), a case in which the Court announced a test for injunctive relief that required, among other things, that the plaintiff prove "that it has suffered an irreparable injury". The concept of irreparable injury in various jurisdictions The general idea that there are irreparable i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cloud Computing
Cloud computing is "a paradigm for enabling network access to a scalable and elastic pool of shareable physical or virtual resources with self-service provisioning and administration on-demand," according to International Organization for Standardization, ISO. Essential characteristics In 2011, the National Institute of Standards and Technology (NIST) identified five "essential characteristics" for cloud systems. Below are the exact definitions according to NIST: * On-demand self-service: "A consumer can unilaterally provision computing capabilities, such as server time and network storage, as needed automatically without requiring human interaction with each service provider." * Broad network access: "Capabilities are available over the network and accessed through standard mechanisms that promote use by heterogeneous thin or thick client platforms (e.g., mobile phones, tablets, laptops, and workstations)." * Pooling (resource management), Resource pooling: " The provider' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
