Elektra V. Santangelo
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Elektra V. Santangelo
''Elektra v. Santangelo'', 78 U.S.P.Q.2d 1702 (S.D.N.Y. 2005) was a case filed by Elektra Entertainment Group against Patricia Santangelo, a mother of five. In the suit it was alleged that she illegally shared six songs over KaZaA file-sharing network. The suit was eventually dismissed in 2007 with prejudice by a federal judge. The RIAA later sued two of Ms. Santangelo's children. A default judgment was entered against one of them, Michelle Santangelo. Ms. Santangelo's 16-year-old son Robert Santangelo has interposed counterclaims against the plaintiffs, including "failure to warn". Background The suit against Patricia Santangelo was filed by Elektra Entertainment Group as one of approximately 13,000 lawsuits that the Recording Industry Association of America (RIAA) has brought against individual defendants in the U.S before the United States District Court for the Southern District of New York. It alleged that Patricia (Patti) Santangelo, a single mother of five based in Wap ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ...
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Miles O'Brien (journalist)
Miles O'Brien (born June 9, 1959) is an independent American broadcast news journalist specializing in science, technology, and aerospace who has been serving as national science correspondent for ''PBS NewsHour'' since 2010. Early life Born in Detroit and raised in Grosse Pointe Farms, Michigan, O’Brien attended Georgetown University. In 1982, he was offered and accepted his first broadcasting position with WRC-TV in Washington, DC. He was later a reporter and anchor at TV stations in Boston, Massachusetts; Tampa, Florida; Albany, New York; and St. Joseph, Missouri. O’Brien joined CNN in 1992. He is a third-generation general aviation pilot. His father, a private pilot, shared his love of flying with him at an early age. His first flights were in small Cessnas and Pipers rented by his father. O'Brien's paternal and maternal grandfathers were also both pilots. CNN correspondent and anchor While with CNN in Atlanta and New York, O’Brien served as CNN's science, space, ...
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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 For The Southern District Of New York 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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MP3 Newswire
Founded in 1998, the same year as MP3.com, MP3 Newswire is the oldest active news site devoted to digital media technology. Notable for its series of essays that chronicled the rise of digital music and the Internet’s acrimonious relationship with the record industry, MP3 Newswire initially was started to review and report on the latest products and technological advances. But opinion pieces were few and far between in the pre and early Napster days and MP3 Newswire filled the gap. The site drew some of the earliest discourse from the digerati as columnists wrote about the birth and death of Napster, the post-Napster rise of file trading, the evolution of the digital music portable, the dominance of the iPod, the struggles of Internet radio, digital rights management, the record industry legal battles, and the ongoing attempts to interpret copyright law on the Net. Writers include the site’s editor Richard Menta, Jon Newton of P2pnet, George Ziemann, Michael Geist Michae ...
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David Zamos
Microsoft Corp v. Zamos was litigation between Microsoft and David Zamos, a student at Kent State and the University of Akron in the United States. Microsoft accused Zamos of illegally reselling his student- discounted copies of Windows XP Pro and Microsoft Office on eBay. Zamos countersued Microsoft for making false claims. When Zamos sent a press release to his local newspaper, the case received international press coverage. At issue was the fact that Zamos acquired Microsoft software at a discount for academic use, then re-sold it to the general public on eBay for a profit. Zamos contends, and can document, that he found the software unsuitable when he realized it required him to format his computer's hard drive. He attempted to return the software, first at the University of Akron's bookstore, then directly to Microsoft. When both of these attempted returns were denied, Zamos put the software up for sale on eBay in two auctions, the second of which was cancelled at Microsoft's ...
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File Sharing
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include removable media, centralized servers on computer networks, Internet-based hyperlinked documents, and the use of distributed peer-to-peer networking. File sharing technologies, such as BitTorrent, are integral to modern media piracy, as well as the sharing of scientific data and other free content. History Files were first exchanged on removable media. Computers were able to access remote files using filesystem mounting, bulletin board systems (1978), Usenet (1979), and FTP servers (1970's). Internet Relay Chat (1988) and Hotline (1997) enabled users to communicate remotely through chat and to exchange files. The mp3 encoding, which was standardized in 1991 and substantially reduced the size of audio files, grew to widespread use in ...
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Extortion
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, although making unfounded threats in order to obtain an unfair business advantage is also a form of extortion. Extortion is sometimes called the "protection racket" because the racketeers often phrase their demands as payment for "protection" from (real or hypothetical) threats from unspecified other parties; though often, and almost always, such "protection" is simply abstinence of harm from the same party, and such is implied in the "protection" offer. Extortion is commonly practiced by organized crime. In some jurisdictions, actually obtaining the benefit is not required to commit the offense, and making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit ...
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Antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ...
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Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, such ...
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With Prejudice
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, "prejudice" differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms "with prejudice" and "without prejudice." In general, an action taken ''with prejudice'' is final. For example, "dismissal with prejudice" forbids a party to refile the case and might occur because of misconduct on the part of the party that filed the claim or criminal complaint or also as the result of an out-of-court agreement or settlement. Dismissal "without prejudice" (Latin: ''salvis iuribus'') allows the party the option to refile and is often a response to procedural or technical problems with the filing that the party may correct by filing again. With prejudice and without prejudice Criminal law Depending on the country, a criminal proceeding which ends prem ...
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