|
Sony BMG V. Tenenbaum
In the case of ''Sony BMG Music Entertainment et al. v. Tenenbaum'', record label Sony BMG, along with Warner Bros. Records, Atlantic Records, Arista Records, and UMG Recordings, accused Joel Tenenbaum of illegally downloading and sharing files in violation of U.S. copyright law. It was only the second file-sharing case (after ''Capitol v. Thomas'') to go to verdict in the Recording Industry Association of America's (RIAA) anti-downloading litigation campaign. (The vast majority of cases having been settled out of court.) After the judge entered a finding of liability, a jury assessed damages of $675,000, which the judge reduced to $67,500 on constitutional grounds, rather than through remittitur. After both parties appealed, the First Circuit Court of Appeals reinstated the original damage award of $675,000 and remanded the case to the District Court, ruling that the judge should have avoided the constitutional issue by first considering remittitur. The Supreme Court refused to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * District of New Hampshire * District of Puerto Rico * District of Rhode Island The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit. With six active judges and four active senior judges, the First Circuit has the fewest judges of any of the thirteen United States courts of appeals. Since retiring from the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Massachusetts
The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and court session locations alternated between the two cities until 1813. That year, Boston became the court's permanent home. A western division was opened in Springfield in 1979 and a central division was opened in Worcester in 1987. The court's main building is the John Joseph Moakley Federal Courthouse on Fan Pier in South Boston. Appeals from the District of Massachusetts are heard by the United States Court of Appeals for the First Circuit, also located in the Moakley courthouse (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). U.S. Attorney's Office The United States Attorney's Office ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digital Theft Deterrence And Copyright Damages Improvement Act Of 1999
The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 is a United States law that increased the possible civil penalties for copyright infringement. It also attempted to clear an administrative hurdle that was preventing the United States Sentencing Commission from implementing the NET Act of 1997's increased criminal penalties for similar offenses. Details The range of allowable statutory damages in civil actions for copyright infringement was established by a previous act as a minimum of $500 per work, and a maximum of either $20,000 or $100,000 per work, depending on whether the infringement was "willful." The new legislation increased these amounts by 50%, changing the minimum to $750, and the maximums to $30,000 and $150,000. Rationale When introducing an earlier version of the bill in the House of Representatives, Rep. Howard Coble ( R- NC) stated that widespread use of the Internet and the advent of high-capacity storage media like the DVD had the pote ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rya Weickert Zobel
Rya Weickert Zobel (born December 18, 1931) is a Senior United States District Court Judge of the United States District Court for the District of Massachusetts. Education and career Born in Zwickau, Germany, Zobel received an Artium Baccalaureus degree from Radcliffe College in 1953 and a Bachelor of Laws from Harvard Law School in 1956. She was a law clerk to George Clinton Sweeney, then Chief Judge of the United States District Court for the District of Massachusetts from 1956 to 1966. She was in private practice in Boston, Massachusetts from 1967 to 1979. Federal judicial service On January 25, 1979, Zobel was nominated by President Jimmy Carter to a new seat on the United States District Court for the District of Massachusetts created by 92 Stat. 1629. She was confirmed by the United States Senate on March 21, 1979, and received her commission on March 23, 1979. Among her judicial duties, she was director of the Federal Judicial Center from 1995 to 1999. She assumed senio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directed Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the neuter past participle of ''dīcere'', to say). Criminal law In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case is generally followed by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Nesson
Charles Rothwell Nesson (born February 11, 1939) is the William F. Weld Professor of Law at Harvard Law School and the founder of the Berkman Center for Internet & Society and of the Global Poker Strategic Thinking Society. He is author of ''Evidence'', with Murray and Green, and has participated in several cases before the U.S. Supreme Court, including the landmark case ''Daubert v. Merrell Dow Pharmaceuticals''. In 1971, Nesson defended Daniel Ellsberg in the Pentagon Papers case. He was co-counsel for the plaintiffs in the case against W. R. Grace and Company that was made into the book ''A Civil Action'', which was, in turn, made into the film of the same name. Nesson's nickname in the book, Billion-Dollar Charlie, was given to him by Mark Phillips, who worked with him on the W.R. Grace case. Nesson is currently "interested in advancing justice in Jamaica, the evolution of the Internet, as well as national drug policy." Early life and education Nesson attended Harvard Col ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
