Capitol Records V. Deborah Foster
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Capitol Records V. Deborah Foster
''Capitol Records, Inc. v. Foster'', 5:04-cv-01569 (W.D. Okla. 2006), is a notable case involving intellectual property and file sharing/distribution of music. The case involves the Recording Industry Association of America (RIAA) filing a lawsuit against an Oklahoma woman, Deborah Foster, in November 2004. Proclaiming her innocence, she fought the allegations and eventually had the charges dismissed with prejudice in July 2006. Case Details Foster was originally sued in November 2004 after someone using an IP address assigned to an Internet account in her name was discovered with a shared folder available on a file-sharing network. Foster admitted that she owned the account; however, she insisted ignorance concerning the existence and use of file-sharing software. Foster did say that her adult daughter and estranged husband had access to the account, and may have been responsible for the infringement. Instead of immediately dropping the case against Deborah Foster and suing thos ...
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United States District Court For The Western District Of Oklahoma
The United States District Court for the Western District of Oklahoma (in case citations, W.D. Okla. or W.D. Ok.) is a federal court in the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was established on June 16, 1906, and became operational on November 16, 1907, with Oklahoma achieving statehood. Organization The United States District Court for the Western District of Oklahoma is one of three federal judicial districts in Oklahoma. Court for the District is held at Lawton and Oklahoma City. Enid and Ponca City Division comprises the following counties: Alfalfa, Garfield, Grant, Kay, Noble, and Payne. Lawton and Mangum Division comprises the following counties: Beckham, Caddo, Comanche, Cotton, Greer, Harmon, Jackson, Jefferson, Kiowa, Stephens, Tillman, and Washita. Oklahoma City, Guthrie, Chickasha, Pauls Valley, and Shawnee Division compris ...
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Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to t ...
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United States Internet 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 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 Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Copyright 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 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 Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States District Court Cases
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 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 Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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2006 In United States Case Law
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second smallest composite number, behind 4; its proper divisors are , and . Since 6 equals the sum of its proper divisors, it is a perfect number; 6 is the smallest of the perfect numbers. It is also the smallest Granville number, or \mathcal-perfect number. As a perfect number: *6 is related to the Mersenne prime 3, since . (The next perfect number is 28.) *6 is the only even perfect number that is not the sum of successive odd cubes. *6 is the root of the 6-aliquot tree, and is itself the aliquot sum of only one other number; the square number, . Six is the only number that is both the sum and the product of three consecutive positive numbers. Unrelated to 6's being a perfect number, a Golomb ruler of length 6 is a "perfect ruler". Six is a con ...
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Capitol Records, LLC V
A capitol, named after the Capitoline Hill in Rome, is usually a legislative building where a legislature meets and makes laws for its respective political entity. Specific capitols include: * United States Capitol in Washington, D.C. * Numerous U.S. state and territorial capitols * Capitolio Nacional in Bogotá, Colombia * Capitolio Federal in Caracas, Venezuela * El Capitolio in Havana, Cuba * Capitol of Palau in Ngerulmud, Palau Capitol, capitols, or The Capitol may also refer to: ;Entertainment and Media * Capitol (board game), a Roman-themed board game * Capitol (The Hunger Games trilogy), a fictional city in The Hunger Games novels * ''Capitol'' (TV series), a U.S. soap opera * Capitol (collection), a book by Orson Scott Card * The Capitols, a Detroit, Michigan-based soul trio ;Business * Capitol Wrestling Corporation, a predecessor organization to World Wrestling Entertainment * Capitol Records, a U.S. record label * Capitol Air, originally known as Capitol Inter ...
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Capitol Records, Inc
A capitol, named after the Capitoline Hill in Rome, is usually a legislative building where a legislature meets and makes laws for its respective political entity. Specific capitols include: * United States Capitol in Washington, D.C. * Numerous U.S. state and territorial capitols * Capitolio Nacional in Bogotá, Colombia * Capitolio Federal in Caracas, Venezuela * El Capitolio in Havana, Cuba * Capitol of Palau in Ngerulmud, Palau Capitol, capitols, or The Capitol may also refer to: ;Entertainment and Media * Capitol (board game), a Roman-themed board game * Capitol (The Hunger Games trilogy), a fictional city in The Hunger Games novels * ''Capitol'' (TV series), a U.S. soap opera * Capitol (collection), a book by Orson Scott Card * The Capitols, a Detroit, Michigan-based soul trio ;Business * Capitol Wrestling Corporation, a predecessor organization to World Wrestling Entertainment * Capitol Records, a U.S. record label * Capitol Air, originally known as Capitol Internat ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ...
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Slashdot
''Slashdot'' (sometimes abbreviated as ''/.'') is a social news website that originally advertised itself as "News for Nerds. Stuff that Matters". It features news stories concerning science, technology, and politics that are submitted and evaluated by site users and editors. Each story has a comments section attached to it where users can add online comments. The website was founded in 1997 by Hope College students Rob Malda, also known as "CmdrTaco", and classmate Jeff Bates, also known as "Hemos". In 2012, they sold it to DHI Group, Inc. (i.e., Dice Holdings International, which created the Dice.com website for tech job seekers). In January 2016, BIZX acquired both slashdot.org and SourceForge. In December 2019, BIZX rebranded to Slashdot Media. Summaries of stories and hyperlinks to news articles are submitted by Slashdot's own users, and each story becomes the topic of a threaded discussion among users. Discussion is moderated by a user-based moderation system. Randomly sele ...
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Malicious Prosecution
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings. Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of ...
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Attorney Fees
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when lawyers charge a flat-fee rather than billing by the hour, they work less hard on behalf of clients and clients get worse outcomes. Attorney fees are separate from fines, compensatory and punitive damages, and (except in Nevada) from court costs in a legal case. Under the " American rule", attorney fees are usually not paid by the losing party to the winning party in a case, except pursuant to specific statutory or contractual rights. Overview The phrase is a legal term of art in American jurisprudence (in which lawyers are collectively referred to as "attorneys", a wording practice not found in most other legal systems). Attorney's fees (or attorneys' fees, depending upon number of attorneys involved, or simplified to attorney fees) are th ...
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