Entertainment Law & Litigation
Florida Senate Bill 750, submitted by State Senator Baker, removes talent agencies from DBPR’s authority, sets business and bonding requirements for talent agencies, and provides for civil and criminal remedies for violations of the act. Click here to view.
Two men plead guilty to violating copyrights on peer-to-peer networks, marking the first federal criminal convictions for file sharing. According to the Justice Department, William R. Trowbridge, 50, of Johnson City, N.Y., and Michael Chicoine, 47, of San Antonio, each operated an online hub that let people exchange video games, computer programs,digital music and movie files. Both were members of the Underground Network which used Direct Connect software to copy files. The Justice Department stated Continue reading First Federal Convictions for P2P File Sharing
The Eighth Circuit Court of Appeals issued a decision today that will stop entertainment corporations from gaining access to the names of people using peer-to-peer (P2P) networks unless the companies file lawsuits against them and furnish actual evidence of copyright infringement. Read the article here.
Jathan Desir, 26, of Iowa City, pled guilty on 12/22/04 to copyright infringement and conspiracy charges stemming from his part in “Warez,” which is a web ring that distributes pirated software, games, music and movies over the internet. Desir faces up to 15 years in prison and will be sentenced in March, 2005.
On December 10, 2004, the U.S. Supreme Court decided it will hear MGM’s appeal in MGM Studios v. Grokster, No. 04-480. Oral argument is set for March, and a decision is expected by July.
In Barrett v. Rosenthal, California Supreme Court [No. S122953], the Supreme Court of California is presently reviewing a decision by the California Court of Appeal, First District, Div. Two [No. A096451], which held Illena Rosenthal, a woman’s health advocate, liable for posting a controversial opinion piece on a Usenet news group. The piece was written not by Rosenthal, but by Tim Bolen, a critic of plaintiff Terry Polevoy. Federal law provides that no provider or Continue reading Liability for CyberLibel?
Judge William Alsup, in Twentieth Century Fox Film Corporation et al. v. Does 1-12, Case No. C 04-04862 WHA in the U.S. District Court for the Northern District of California, ruled on November 16, 2004 that plaintiffs, several movie studios, couldn’t sue several alleged “John Doe” defendant file sharers collectively in one suit. Instead, they must sue each defendant individually. Joinder of unrelated defendants violated FRCP 20 since, although the basic claim was similar, the Continue reading Movie Studios Can’t Sue File Sharers Collectively
The U.S. has been a party to the Madrid System, which allows international registration of marks with a single application in the U.S. PTO, since November 2, 2003. The Madrid System is governed by the Madrid Protocol (1891) and WIPO. As a prerequisite to obtaining an international registration in the U.S. PTO under the Madrid System, the mark must be pending or registered in the U.S. PTO. Subsequently, international registration can be made, prosecuted and Continue reading International Trademark Protection
Streamcast and Grokster filed a joint brief urging the Supreme Court to let the 9th Circuit’s decision stand. Read the story here.
Jeremy Jaynes, 30, and his sister Jessica DeGroot, 28, both of the Raleigh, North Carolina, area were both found guilty of three felony charges each for using phony Internet addresses to send large volumes of e-mail ads through an AOL server in Loudoun, Virginia. The jury recommended 9 years in prison for Jaynes, and $7500 in fines for DeGroot for violating Virginia’s anti-spam laws. Read the article at The Washington Post (registration required).