The Computer & Internet Lawyer articles from November 2004

The Computer & Internet Lawyer archives from November 2004

Preparing patent infringement and freedom-to-operate opinions.
November 1, 2004... Patent infringement and freedom-to-operate opinions represent the advice rendered by a patent attorney with respect to whether a technology will infringe a third party's patent. As commonly understood, these are actually two different yet...

Intellectual property as transferable property for purposes of Section 351.
November 1, 2004... In the early part of the last century, the rapid expansion of commerce and industry presented the tax law with the challenge of promoting rather than frustrating economic progress. As businesses adjusted and re-positioned themselves for an...

Competitors universal garage door remote did not violate DMCA.(Digital Millennium Copyright Act)
November 1, 2004... Defendant Skylink Technologies is a competitor of The Chamberlain Group in the electronic garage door industry. Chamberlain alleged in its complaint that Skylink violated the Digital Millennium Copyright Act (DMCA) [17 U.S.C. [section] 1201,...

Department of Justice brings first criminal enforcement action against peer-to-peer copyright piracy.
November 1, 2004... Attorney General John Ashcroft, Assistant Attorney General Christopher A. Wray, and US Attorney for the District of Columbia Kenneth L. Wainstein announced on August 25, 2004, the first federal enforcement action taken against criminal...

No personal jurisdiction over French defendants in Yahoo! case regarding Nazi material.
November 1, 2004... Defendants La Ligue Contre Le Racisme Et l'Antisemitisme (LICRA) and L'Union Des Etudiants Juifs De France (UEJF), citizens of France, are non-profit organizations dedicated to eliminating anti-Semitism. [Yahoo, Inc. v. La Ligue Contre Le...

Decentralized peer-to-peer software with noninfringing uses did not violate copyright laws.
November 1, 2004... The Ninth Circuit framed the issue in the case of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd. as whether distributors of peer-to-peer file-sharing computer networking software (software distributors) may be held contributorily or...

Credit card companies cannot be held liable for customer infringements.
November 1, 2004... Perfect 10, Inc., brought suit against Visa, MasterCard, First Data Corp., Cardservice International, and Humboldt Bank, and the defendants moved to dismiss the action. [Perfect 10, Inc. v. Visa Intl. Serv. Assoc., No. C 04-0371 (N.D. Cal....