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Facebook, Inc. V. Power Ventures, Inc.
''Facebook, Inc. v. Power Ventures, Inc.'' is a lawsuit brought by Facebook in the United States District Court for the Northern District of California alleging that Power Ventures Inc., a third-party platform, collected user information from Facebook and displayed it on their own website. Facebook claimed violations of the CAN-SPAM Act, the Computer Fraud and Abuse Act ("CFAA"), and the California Comprehensive Computer Data Access and Fraud Act. According to Facebook, Power Ventures Inc. made copies of Facebook's website during the process of extracting user information. Facebook argued that this process causes both direct and indirect copyright infringement. In addition, Facebook alleged this process constitutes a violation of the Digital Millennium Copyright Act ("DMCA"). Finally, Facebook also asserted claims of both state and federal trademark infringement, as well as a claim under California's Unfair Competition Law ("UCL"). Background Power Ventures previously operate ...
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United States District Court For The Northern District Of California
The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. The court hears cases in its courtrooms in Eureka, Oakland, San Francisco, and San Jose. It is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers San Francisco and Silicon Valley, the Northern District of California has become known as the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation) involv ...
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LinkedIn
LinkedIn () is an American business and employment-oriented online service that operates via websites and mobile apps. Launched on May 5, 2003, the platform is primarily used for professional networking and career development, and allows job seekers to post their CVs and employers to post jobs. From 2015 most of the company's revenue came from selling access to information about its members to recruiters and sales professionals. Since December 2016, it has been a wholly owned subsidiary of Microsoft. LinkedIn has 830+ million registered members from over 200 countries and territories. LinkedIn allows members (both workers and employers) to create profiles and connect with each other in an online social network which may represent real-world professional relationships. Members can invite anyone (whether an existing member or not) to become a connection. LinkedIn can also be used to organize offline events, join groups, write articles, publish job postings, post photos and vide ...
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9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the Brahmi numerals, beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an Ascender (typography), ascender in most modern typefaces, in typefaces with text figures the character usually has a desc ...
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Copyright Assignment
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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Northwestern University Law Review
The ''Northwestern University Law Review'' is a law review and student organization at Northwestern University School of Law. The ''Law Review''s primary purpose is to publish a journal of broad legal scholarship. The ''Law Review'' publishes six issues each year. Student editors make the editorial and organizational decisions and select articles submitted by professors, judges, and practitioners, as well as student pieces. The ''Law Review'' extended its presence onto the web in 2006 and regularly publishes scholarly pieces on ''Northwestern University Law Review Online (NULR Online)''. History The ''Northwestern University Law Review'' was founded in 1906 by a faculty vote as the ''Illinois Law Review''. It is the seventh oldest surviving law review in the United States, and only the second notable law review established outside the Northeast (''Michigan Law Review'' having been established in 1902). Initially, the ''Law Review'' was run by the faculty with students only al ...
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Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. Aside ...
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Ephemeral
Ephemerality (from the Greek word , meaning 'lasting only one day') is the concept of things being transitory, existing only briefly. Academically, the term ephemeral constitutionally describes a diverse assortment of things and experiences, from digital media to types of streams. "There is no single definition of ephemerality". With respect to unique performances, for example, it has been noted that " hemerality is a quality caused by the ebb and flow of the crowd's concentration on the performance and a reflection of the nostalgic character of specific performances". Because different people may value the passage of time differently, ephemerality may be a relative, perceptual concept: "In brief, what is short-lived may not be the object itself, but the attention we afford it".Ronald Beiner, ''Political Philosophy: What It Is and Why It Matters'' (2014), p. 10. Ephemerality and nature Geographical features An ephemeral stream is that which only exists following precipitation. ...
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Ticketmaster LLC V
Ticketmaster Entertainment, Inc. is an American ticket sales and distribution company based in Beverly Hills, California with operations in many countries around the world. In 2010, it merged with Live Nation under the name Live Nation Entertainment. The company's ticket sales are fulfilled digitally or at its two main fulfillment centers located in Charleston, West Virginia, and Pharr, Texas for both primary and secondary markets. Ticketmaster's clients include venues, artists and promoters. Clients control their events and set ticket prices, and Ticketmaster sells tickets that the clients make available to them. Ticketmaster charges a fee on tickets purchased and resold on the platform. The fees from ticket sales can account for a large percentage of overall ticket costs and have received scrutiny from regulators, customers, and musicians for its fees. The company has faced scrutiny from the United States Department of Justice for retaliation against venues violating its 2010 ...
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MAI Systems Corp
Mai, or MAI, may refer to: Names * Mai (Chinese surname) * Mai (Vietnamese surname) * Mai (name) * Mai (singer), J-Pop singer * Iris Mai (born 1962), German chess master Places * Chiang Mai, largest city in northern Thailand * Ma-i, a pre-Hispanic Philippine state * Mai, Non Sung, Thailand Organisations * Manufacturers Association of Israel, an Israeli business organization * Marina Abramović Institute, a performance art organization * Market for Alternative Investment, a stock market for small/medium enterprises in Thailand * Montreal Arts Interculturels, a multidisciplinary cultural organization in Montreal, Canada * Moscow Aviation Institute, an engineering and aviation university in Russia * Motorsports Association of India, the FIA arm of Indian Motorsports Science and Technology * Machine augmented intelligence, use of technology to amplify and empower human thought and consciousness * Mean annual increment, a measure of the average growth per year a tree or stand of tre ...
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Derivative Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, Film adaptation, cinematic adaptations and Arrangement, musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Art ...
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Web Cache
A Web cache (or HTTP cache) is a system for optimizing the World Wide Web. It is implemented both client-side and server-side. The caching of multimedias and other files can result in less overall delay when browsing the Web. Parts of the system Forward and reverse A forward cache is a cache outside the web server's network, e.g. in the client's web browser, in an ISP, or within a corporate network. A network-aware forward cache only caches heavily accessed items. A proxy server sitting between the client and web server can evaluate HTTP headers and choose whether to store web content. A reverse cache sits in front of one or more web servers, accelerating requests from the Internet and reducing peak server load. This is usually a content delivery network (CDN) that retains copies of web content at various points throughout a network. HTTP options The Hypertext Transfer Protocol (HTTP) defines three basic mechanisms for controlling caches: freshness, validation, and invalidatio ...
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12(b)(6)
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ...
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