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Madster
Madster (initially called Aimster) was a peer-to-peer file sharing service. It was released in Napster's wake in August 2000 shut down in December 2002 as a result of a lawsuit by the Recording Industry Association of America. Origin According to John Deep, a professor at Rensselaer Polytechnic Institute, the Madster software was originally inspired by his daughter's use of instant messaging software. His idea was to combine instant messaging with file sharing. John Deep's daughter Aimee had an interest in providing privacy to her online friends; instant messaging was lacking when it came to privacy protection. Features The Madster service was initially called Aimster, but it was later renamed to Madster due to concerns that the Aimster name infringed AOL's AIM (AOL Instant Messenger) trademark. The Madster software allowed users to share files via instant messaging services. In particular, users could share files specifically with users who were included on a " buddy list" with ...
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Napster
Napster was a peer-to-peer file sharing application. It originally launched on June 1, 1999, with an emphasis on digital audio file distribution. Audio songs shared on the service were typically encoded in the MP3 format. It was founded by Shawn Fanning, Sean Parker, and Hugo Sáez Contreras. As the software became popular, the company ran into legal difficulties over copyright infringement. It ceased operations in 2001 after losing a wave of lawsuits and filed for bankruptcy in June 2002. Later, more decentralized projects followed Napster's P2P file-sharing example, such as Gnutella, Freenet, FastTrack, and Soulseek. Some services and software, like AudioGalaxy, LimeWire, Scour, Kazaa / Grokster, Madster, and eDonkey2000, were also brought down or changed due to copyright issues. Napster's assets were eventually acquired by Roxio, and it re-emerged as an online music store. Best Buy later purchased the service and merged it with its Rhapsody service on December 1, 2011, r ...
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Peer-to-peer
Peer-to-peer (P2P) computing or networking is a distributed application architecture that partitions tasks or workloads between peers. Peers are equally privileged, equipotent participants in the network. They are said to form a peer-to-peer network of nodes. Peers make a portion of their resources, such as processing power, disk storage or network bandwidth, directly available to other network participants, without the need for central coordination by servers or stable hosts. Peers are both suppliers and consumers of resources, in contrast to the traditional client–server model in which the consumption and supply of resources are divided. While P2P systems had previously been used in many application domains, the architecture was popularized by the file sharing system Napster, originally released in 1999. The concept has inspired new structures and philosophies in many areas of human interaction. In such social contexts, peer-to-peer as a meme refers to the egalitarian so ...
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Ziff Davis
Ziff Davis, Inc. is an American digital media and internet company. First founded in 1927 by William Bernard Ziff Sr. and Bernard George Davis, the company primarily owns technology-oriented media websites, online shopping-related services, and software services. History The company was founded by William B. Ziff Company publisher Bill Ziff Sr. with Bernard Davis. Upon Bill Ziff's death in 1953, William B. Ziff Jr., his son, returned from Germany to lead the company. In 1958, Bernard Davis sold Ziff Jr. his share of Ziff Davis to found Davis Publications, Inc.; Ziff Davis continued to use the Davis surname as Ziff-Davis. Throughout most of Ziff Davis' history, it was a publisher of hobbyist magazines, often ones devoted to expensive, advertiser-rich technical hobbies such as cars, photography, and electronics. Since 1980, Ziff Davis has primarily published computer-related magazines and related websites, establishing Ziff Davis as an Internet information company. Ziff Davis ...
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Misappropriation
In law, misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc without that person's permission, resulting in harm to that person. Another use of the word refers to intentional and illegal use of property or funds; it can particularly refer to when done by a public official. Criminal law In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a deceased person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). Depending upon the jurisdiction and value of the property, misappropriation may be a felony, a crime punishable by a prison sentence. Scientific research In scientific research, misappropriation is a type of research misconduct. An investigator, scholar or revie ...
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Malpractice
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition, Professionals who may become the subject of malpractice actions include: * medical professionals: a medical malpractice claim may be brought against a doctor or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances. * lawyers: a legal malpractice claim may be brought against a lawyer who fails to render services with the level of skill, care and diligence that a reasonable lawyer would apply under similar circumstances. * financial professionals: professionals such as accountants, financial planners and stockbrokers, may be subject to claims for professional negligence based upon their failure to meet professional standards when providing services to their clients. * architec ...
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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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Boies, Schiller & Flexner
Boies Schiller Flexner LLP is a national law firm based in New York City. The firm was founded by David Boies and Jonathan D. Schiller, in 1997, who, in 1999, were joined by Donald L. Flexner, former partner with Crowell & Moring, then forming Boies, Schiller & Flexner. The firm has become known for its involvement in high-profile litigation, having represented the Department of Justice in the antitrust action '' United States v. Microsoft'', as well as Vice President Gore in the Supreme Court case ''Bush v. Gore.'' More recently, Boies successfully challenged the constitutionality of California's Proposition 8 in ''Perry v. Brown,'' and represented the National Football League in the antitrust litigation initiated by the players' union. The firm has drawn controversy for its aggressive tactics during representation of Harvey Weinstein amidst sexual abuse allegations and the now-defunct blood testing startup Theranos. Notable clients Among other high-profile clients, Boies Sc ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Consti ...
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Willful Blindness
Willful blindness is a term used in law to describe a situation in which a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated. In ''United States v. Jewell'', the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs.''Criminal Law – Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> Although the term was originally—and still is—used in legal contexts, the phrase "willful ignorance" has come to mean any situation in which people intentionally turn their attention away from an ethical problem that is believed to be important by those using the phrase (for instance, because the problem is too disturbing for people to want it dominating their thoughts, or from the knowledge that solving the problem would require exten ...
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United States Court Of Appeals For The Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Illinois * Southern District of Illinois * Northern District of Indiana * Southern District of Indiana * Eastern District of Wisconsin * Western District of Wisconsin The court is based at the Dirksen Federal Building in Chicago and is composed of eleven appellate judges. It is one of 13 United States courts of appeals. The court offers a relatively unique internet presence that includes wiki and RSS feeds of opinions and oral arguments. It is also notable for having one of the most prominent law and economics scholars, Judge Frank H. Easterbrook, on its court. Richard Posner, another prominent law and economics scholar, also served on this court until his retirement in 2017. Three judges from the Seventh Circuit, Sherman Minton, John Pau ...
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In Re Aimster Copyright Litigation
''In re Aimster Copyright Litigation'', 334 F.3d 643 ( 7th Cir. 2003), was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate because the copyright owners were likely to prevail on their claims of contributory infringement, and that the services could have non-infringing users was insufficient reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if it had eliminated an encryption system feature, and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i). and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm ...
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