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Secondary Liability
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to copyright, this has solely been a product of case law developments. In other words, courts, rather than Congress, have been the primary developers of theories and policies concerning secondary liability. Early case law Secondary liability in copyright has come about with case-by-case decisions. In other words, there has not been any real or consolidated theory. Furthermore, patent and copyright cases have tended to cross-cite each other. Examples of this are cases such as ''Kalem Co. v. Harper Brothers''''Kalem Co. v. Harper Brothers''222 U.S. 55(1911). (the producer of the movie '' Ben Hur'' did not himself infringe, but was responsible for making and commercially dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademarks
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual P ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Copyright Infringement
Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though he or she did not directly engage in the infringing activity. It is one of the two forms of secondary liability apart from vicarious liability. Contributory infringement is understood to be a form of infringement in which a person is not directly violating a copyright but induces or authorizes another person to directly infringe the copyright. This doctrine is a development of general tort law and is an extension of the principle in tort law that in addition to the tortfeasor, anyone who contributed to the tort should also be held liable. Requirements The requirements for fulfilling the threshold of contributory infringement and imposing liability for copyright infringement on a party are: # The defendant having knowledge of a direct infringement; and # The defendant materially contrib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cost–benefit Analysis
Cost–benefit analysis (CBA), sometimes also called benefit–cost analysis, is a systematic approach to estimating the strengths and weaknesses of alternatives. It is used to determine options which provide the best approach to achieving benefits while preserving savings in, for example, transactions, activities, and functional business requirements. A CBA may be used to compare completed or potential courses of action, and to estimate or evaluate the value against the cost of a decision, project, or policy. It is commonly used to evaluate business or policy decisions (particularly public policy), commercial transactions, and project investments. For example, the U.S. Securities and Exchange Commission must conduct cost–benefit analyses before instituting regulations or deregulations. CBA has two main applications: # To determine if an investment (or decision) is sound, ascertaining if – and by how much – its benefits outweigh its costs. # To provide a basis for comparing in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DMCA
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual Copyright infringement, infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the Legal liability, liability of the Online service provider, providers of online services for copyright infringement by thei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Intellectual Property Review
The ''European Intellectual Property Review'' (''EIPR'') is a monthly law review published since 1978 by Sweet & Maxwell (now part of Thomson Reuters), that covers international intellectual property law Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, .... Its general editor since its 1978 inception has been Hugh Brett. The earliest issues of EIPR, for October to December 1978 lack numbering; volume 1 begins with January 1979. Its initial publisher was ESC Publishing Ltd., subsequently acquired by Sweet & Maxwell Ltd., which Thomson Reuters later acquired. < ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users. The DMCA's principal innovation in the field of copy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internet Service Provider
An Internet service provider (ISP) is an organization that provides a myriad of services related to accessing, using, managing, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privately owned. Internet services typically provided by ISPs can include internet access, internet transit, domain name registration, web hosting, and colocation. History The Internet (originally ARPAnet) was developed as a network between government research laboratories and participating departments of universities. Other companies and organizations joined by direct connection to the backbone, or by arrangements through other connected companies, sometimes using dialup tools such as UUCP. By the late 1980s, a process was set in place towards public, commercial use of the Internet. Some restrictions were removed by 1991, shortly after the introduction of the World Wide Web. During the 1980s, online s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internet
The Internet (or internet) is the Global network, global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a internetworking, network of networks that consists of Private network, private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, Wireless network, wireless, and optical networking technologies. The Internet carries a vast range of information resources and services, such as the interlinked hypertext documents and Web application, applications of the World Wide Web (WWW), email, electronic mail, internet telephony, streaming media and file sharing. The origins of the Internet date back to research that enabled the time-sharing of computer resources, the development of packet switching in the 1960s and the design of computer networks for data communication. The set of rules (communication protocols) to enable i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Betamax
Betamax (also known as Beta, and stylized as the Greek letter Beta, β in its logo) is a discontinued consumer analog Videotape, video cassette recording format developed by Sony. It was one of the main competitors in the videotape format war against its primary rival, VHS. Betamax was introduced in Japan on May 10, 1975, and launched in the United States later that year. Betamax was widely regarded, in part due to Sony's marketing, as offering superior picture quality compared to VHS. Its initial β1 speed provided 250 horizontal lines of resolution, compared to VHS's 240 lines, but early Beta tapes were limited to 60 minutes of recording time, making them impractical for recording movies or sporting events. To address this, Sony introduced the β2 speed, which doubled recording time to two hours but reduced resolution, negating its technical advantage. VHS's commercial success over Betamax was also driven by JVC's strategy of licensing the format broadly, spurring competition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sony Corp
is a Japanese multinational conglomerate headquartered at Sony City in Minato, Tokyo, Japan. The Sony Group encompasses various businesses, including Sony Corporation (electronics), Sony Semiconductor Solutions (imaging and sensing), Sony Entertainment (including Sony Pictures and Sony Music Group), Sony Interactive Entertainment (video games), Sony Financial Group, and others. Sony was founded in 1946 as by Masaru Ibuka and Akio Morita. In 1958, the company adopted the name Initially an electronics firm, it gained early recognition for products such as the TR-55 transistor radio and the CV-2000 home video tape recorder, contributing significantly to Japan's post-war economic recovery. After Ibuka's retirement in the 1970s, Morita served as chairman until 1994, overseeing Sony's rise as a global brand recognized for innovation in consumer electronics. Landmark products included the Trinitron color television, the Walkman portable audio player, and the co-develo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
