UMG V. MP3.com
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UMG V. MP3.com
''UMG Recordings, Inc. v. MP3.com, Inc.'', 92 F. Supp. 2d 349 (S.D.N.Y. 2000) was a landmark case of the U.S. District Court for the Southern District of New York concerning the unauthorized copying of copyrighted materials on the Internet. The case concerned unauthorized duplication by the company MP3.com of songs from a wide selection of compact discs for the purposes of launching a service that allowed users to access their private music collections online from anywhere in the world.''UMG Recordings, Inc. v. MP3.com, Inc.,'92 F. Supp. 2d 349(S.D.N.Y. 2000). This business model was ruled to be a violation of American copyright law. Background Upon the rise of music file sharing by consumers on the Internet, MP3.com conceived a new service in early 2000 called My.MP3.com that allowed users to rip songs from compact discs that they had already purchased legitimately, then upload the resulting MP3 files to an account managed by MP3.com. The users would then be able to log into ...
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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 ...
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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 ...
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United States File Sharing Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television serie ...
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Vivendi Universal
Vivendi SE (stylized in all lowercase) is a French investment company headquartered in Paris. It currently wholly-owns Gameloft as well as a number of investments in several companies, primarily involved in content, entertainment, media, and telecommunications. In 2000, Vivendi Universal was created from the merger with Groupe Canal+ and Seagram Company Ltd., owner of Universal Pictures. Vivendi sold 80% of Universal to the now-defunct General Electric (GE, owner of NBC) in 2004, forming what is now NBCUniversal. In 2006, it sold off most of the Universal components and its name reverted to Vivendi. GE bought out Vivendi's 20% stake in NBCUniversal during Comcast's acquisition of the latter. , Vivendi's chairman Yannick Bolloré is also CEO of Havas, which was spun off from Vivendi in 2000, later became a subsidiary, and was spun off again in 2024. From 2021, Vivendi has spun off its fully-owned assets in order to become an investment company. The process started with the ...
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Space Shifting
Space shifting (or spaceshifting), also known as place shifting (or placeshifting), allows media, such as music or films, which are stored on one device, to be accessed from another place through another device. Space shifting is frequently done through computer networks, for example by viewing a television broadcast from a WiFi equipped set-top box on a WiFi equipped notebook. Other media shifting processes include time shifting, a process whereby a radio or television broadcast is recorded and played back at a different time, and format shifting where media files are converted into different formats. A practical purpose of placeshifting is to avoid copyright infringement claims, as when viewing content through the Slingbox or similar consumer electronics. In the 1980s, in the United States, Radio Shack marketed and distributed a different technology to view Audio/Video output remotely. It worked on the cordless phone frequencies and broadcast the signal with their proprietar ...
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Copyright Misuse
Copyright misuse is an equitable defence to copyright infringement in the United States based upon the doctrine of unclean hands. The misuse doctrine provides that the copyright holder engaged in abusive or improper conduct in exploiting or enforcing the copyright will be precluded from enforcing his rights against the infringer. Copyright misuse is often comparable to and draws from the older and more established doctrine of patent misuse, which bars a patentee from obtaining relief for infringement when he extends his patent rights beyond the limited monopoly conferred by the law. The doctrine forbids the copyright holder from attempting to extend the effect or operation of copyright beyond the scope of the statutory right, for example, by engaging in restrictive licensing practices that are contrary to the public policy underlying copyright law. In fact, the misuse doctrine is said to have evolved to tackle such aggressive licensing practices. Requirements Although the doctri ...
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Transformative Use
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use Test (law), test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive. Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable. Such transformativeness weighs heavily in a fair use analysis and may excuse what seems a clear copyright infringement from liability. In ...
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