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Secondary Liability
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to copyright, this has solely been a product of case law developments. In other words, courts, rather than Congress, have been the primary developers of theories and policies concerning secondary liability. Early case law Secondary liability in copyright has come about with case-by-case decisions. In other words, there has not been any real or consolidated theory. Furthermore, patent and copyright cases have tended to cross-cite each other. Examples of this are cases such as ''Kalem Co. v. Harper Brothers''''Kalem Co. v. Harper Brothers''222 U.S. 55(1911). (the producer of the movie Ben Hur (1907 film) didn't himself infringe, but was responsible for making and commercially ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademarks
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Copyright Infringement
Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though he or she did not directly engage in the infringing activity. In the United States, the Copyright Act does not itself impose liability for contributory infringement expressly. It is one of the two forms of secondary liability apart from vicarious liability. Contributory infringement is understood to be a form of infringement in which a person is not directly violating a copyright but, induces or authorises another person to directly infringe the copyright. This doctrine is a development of general tort law and is an extension of the principle in tort law that in addition to the tortfeasor, anyone who contributed to the tort should also be held liable. Requirements The requirements for fulfilling the threshold of contributory infringement and imposing liability for copyright infringem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DMCA
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users. The DMCA's principal innovation in the field of copyri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Intellectual Property Review
The ''European Intellectual Property Review'' (''EIPR'') is a monthly law review published since 1978 by Sweet & Maxwell (now part of Thomson Reuters), that covers international intellectual property law. Its general editor since its 1978 inception has been Hugh Brett. The earliest issues of EIPR, for October to December 1978 lack numbering; volume 1 begins with January 1979. Its initial publisher was ESC Publishing Ltd., subsequently acquired by Sweet & Maxwell Ltd., which Thomson Reuters later acquired. See also *List of intellectual property law journals
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual Copyright infringement, infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the Legal liability, liability of the Online service provider, providers of online services for copyright infringement by their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internet Service Provider
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privately owned. Internet services typically provided by ISPs can include Internet access, Internet transit, domain name registration, web hosting, Usenet service, and colocation. An ISP typically serves as the access point or the gateway that provides a user access to everything available on the Internet. Such a network can also be called as an eyeball network. History The Internet (originally ARPAnet) was developed as a network between government research laboratories and participating departments of universities. Other companies and organizations joined by direct connection to the backbone, or by arrangements through other connected companies, sometimes using dialup tools such as UUCP. By the late 1980s, a process was set in place towa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries a vast range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web (WWW), electronic mail, telephony, and file sharing. The origins of the Internet date back to the development of packet switching and research commissioned by the United States Department of Defense in the 1960s to enable time-sharing of computers. The primary precursor network, the ARPANET, initially served as a backbone for interconnection of regional academic and military networks in the 1970s to enable resource shari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Betamax
Betamax (also known as Beta, as in its logo) is a consumer-level analog recording and cassette format of magnetic tape for video, commonly known as a video cassette recorder. It was developed by Sony and was released in Japan on May 10, 1975, followed by the US in November of the same year. Betamax is widely considered to be obsolete, having lost the videotape format war which saw its closest rival, VHS, dominate most markets. Despite this, Betamax recorders continued to be manufactured and sold until August 2002, when Sony announced that they were discontinuing production of all remaining Betamax models. Sony continued to sell Betamax cassettes until March 2016. Original version Launch and early models The first Betamax device introduced in the United States was the LV-1901 console, which included a color monitor, and appeared in stores in early November 1975. The cassettes contain videotape in a design similar to that of the earlier, professional , U-matic format. L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sony Corp
, commonly stylized as SONY, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan. As a major technology company, it operates as one of the world's largest manufacturers of consumer and professional electronic products, the largest video game console company and the largest video game publisher. Through Sony Entertainment Inc, it is one of the largest music companies (largest music publisher and second largest record label) and the third largest film studio, making it one of the most comprehensive media companies. It is the largest technology and media conglomerate in Japan. It is also recognized as the most cash-rich Japanese company, with net cash reserves of ¥2 trillion. Sony, with its 55 percent market share in the image sensor market, is the largest manufacturer of image sensors, the second largest camera manufacturer, and is among the semiconductor sales leaders. It is the world's largest player in the premium TV market for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
