Raising the Stakes in Copyright Litigation: The Availability of Punitive Damages
January 28, 2005
Many practitioners likely assume that the sole monetary remedies under the Copyright Act are those specified in Sec, 504 of the statute, namely the copyright owner's provable losses and/or the infringer's profits, or, alternatively, statutory damages (which, by statutory formula, include possible stepped-up awards in cases of willful infringement). It was thus with some significance, and perhaps surprise, that in <i>Blanch v. Koons</i>, a slender decision of only seven paragraphs, a federal district judge in New York rendered a decision that granted a motion to amend the complaint in a copyright case to allow the plaintiff to seek punitive damages (not simply enhanced statutory damages).
Net News
January 28, 2005
Recent developments of note in the Internet industry.This month:<br>First Convictions in U.S. Peer-To-Peer Piracy Fight <br>Music Industry Boss Defends File-Sharing Lawsuits <br> 8th Circuit: No ISP Subpoenas
Can Your Firm Serve Small Clients Profitably?
January 27, 2005
In one chapter of his 2004 book, <i>The First Myth of Legal Management is that It Exists</i>, Ed Wesemann argues that small clients disproportionately drain the resources of law firms while providing a disproportionately small contribution to firm profits. He proposes ways to help firms focus on serving larger clients, while also improving the profitability of small clients who stay with the firm.
An Analysis of the World Trade Center 'Two Occurrences' Decision
January 24, 2005
On Dec. 6, 2004, a New York federal jury determined that the 9/11 attacks on the World Trade Center involved two "occurrences" under policies issued to leaseholder Larry Silverstein. As a result, Silverstein could get up to $1.1 billion more than if the attacks had constituted a single occurrence.
In The Marketplace
December 30, 2004
Highlights of the latest equipment leasing news from around the country.
Net News
December 27, 2004
Recent developments of note in the Internet industry.This month:<p>FTC Spotlights Proposals on Peer-to-Peer Risks <br>Record Industry Sues 754 For Internet Song Swaps<br>Google Wins Trademark Suit Over Advertising Policy
Commentary: Copyright Bandits At Large
December 27, 2004
The Supreme Court will soon decide whether to hear one of the most important commercial cases to reach the Court in decades. <i>MGM v. Grokster</i> raises a copyright challenge to the Internet-based services that enable millions of users around the world to swap digital copies of sound recordings and movies with a few clicks of a mouse. At stake is the legitimacy of our copyright system in the digital age.