Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b>Decision of Note:</b> No Jurisdiction over E-Book Uploader
The U.S. District Court for the Southern District of New York dismissed Penguin Group's copyright infringement claims against American Buddha, a nonprofit that makes hundreds of books available for free, including four titles by Penguin. Penguin Group (USA) Inc. v. American Buddha, 09 Civ. 528. The loss for Penguin comes two years after the book publisher won an appellate ruling in the case that was supposed to help book publishers combat online piracy. District Judge Ronnie Abrams in Manhattan dismissed the case by ruling that New York courts don't have jurisdiction over American Buddha because it doesn't derive substantial revenue in the state.
A librarian in Tucson, AZ, named Tara Carreon founded American Buddha, which makes hundreds of books available for free on a website called The Ralph Nader Library. Carreon's husband, Charles Carreon, is a copyright lawyer who represents American Buddha pro bono.
The Carreons have argued in court filings that the library was meant to 'provide a unique resource for scholars and students,' and that its activities are protected by the fair use doctrine. Penguin Group learned in 2008 that four of its titles ' two Upton Sinclair novels, Oil! and It Can't Happen Here, as well as English translations of two Roman classics, The Golden Ass and On the Nature of the Universe ' were available on the Nader library. Penguin, which is represented by Richard Dannay of Cowan Leibowitz & Latman, sought an injunction forcing American Buddha to take down the copyrighted works.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.