UMG V. MP3.com
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UMG V. MP3.com
''UMG Recordings, Inc. v. MP3.com, Inc.,'' 92 F. Supp. 2d 349 (S.D.N.Y. 2000) was a landmark case of the U.S. District Court for the Southern District of New York concerning the unauthorized copying of copyrighted materials on the Internet. The case concerned unauthorized duplication by the company MP3.com of songs from a wide selection of compact discs for the purposes of launching a service that allowed users to access their private music collections online from anywhere in the world.''UMG Recordings, Inc. v. MP3.com, Inc.,'92 F. Supp. 2d 349(S.D.N.Y. 2000). This business model was ruled to be a violation of U.S. copyright law. Background Upon the rise of music file sharing by consumers on the Internet, MP3,com conceived a new service in early 2000 called My.MP3.com that allowed users to rip songs from compact discs that they had already purchased legitimately, then upload the resulting MP3 files to an account managed by MP3.com. The users would then be able to log into th ...
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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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Exhaustion Of Intellectual Property Rights
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets is governed by the principle. After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner. This limitation is also referred to as the exhaustion doctrine or first sale doctrine. For example, if an inventor obtains a patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent) can legally prohibit other companies from making and selling this kind of umbrella, but can not prohibit customers who have bought this umbrella from the patent owner from reselling the umbrella to thir ...
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United States File Sharing 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 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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Vivendi Universal
Vivendi SE is a French mass media holding company headquartered in Paris. Widely known as the owner of Gameloft, Groupe Canal+, Havas, Editis, Prisma Media, Vivendi Village and Dailymotion, the company has activities in television, film, video game, book publishing, print press, communication, tickets and video hosting services. Bolloré is the largest shareholder at approximately 30% of the company. Vivendi's chairman Yannick Bolloré is also CEO of Havas, which was spun-off from Vivendi in 2000 but has since become a subsidiary. History Origins On 14 December 1853, a water company named Compagnie Générale des Eaux (CGE) was created by an imperial decree of Napoleon III. In 1854, CGE obtained a concession in order to supply water to the public in Lyon, serving in that capacity for over a hundred years. In 1861, it obtained a 50-year concession with the City of Paris. CGE also supplied water to Nantes, Venice (from 1880), Constantinople (from 1882) and Porto (from 188 ...
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Space Shifting
Space shifting (or spaceshifting), also known as place shifting (or placeshifting), allows media, such as music or films, which are stored on one device, to be accessed from another place through another device. Space shifting is frequently done through computer networks, for example by viewing a television broadcast from a WiFi equipped set-top box on a WiFi equipped notebook. Other media shifting processes include time shifting, a process whereby a radio or television broadcast is recorded and played back at a different time, and format shifting where media files are converted into different formats. A practical purpose of placeshifting is to avoid copyright infringement claims, as when viewing content through the slingbox, Slingbox or similar consumer electronics. In the 1980s, in the United States, Radio Shack marketed and distributed a different technology to view Audio/Video output remotely. It worked on the cordless phone frequencies and broadcast the signal with their propr ...
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Place Shifting
Space shifting (or spaceshifting), also known as place shifting (or placeshifting), allows media, such as music or films, which are stored on one device, to be accessed from another place through another device. Space shifting is frequently done through computer networks, for example by viewing a television broadcast from a WiFi equipped set-top box on a WiFi equipped notebook. Other media shifting processes include time shifting, a process whereby a radio or television broadcast is recorded and played back at a different time, and format shifting where media files are converted into different formats. A practical purpose of placeshifting is to avoid copyright infringement claims, as when viewing content through the Slingbox or similar consumer electronics. In the 1980s, in the United States, Radio Shack marketed and distributed a different technology to view Audio/Video output remotely. It worked on the cordless phone frequencies and broadcast the signal with their proprietary tra ...
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Copyright Misuse
Copyright misuse is an equitable defence to copyright infringement in the United States based upon the doctrine of unclean hands. The misuse doctrine provides that the copyright holder engaged in abusive or improper conduct in exploiting or enforcing the copyright will be precluded from enforcing his rights against the infringer. Copyright misuse is often comparable to and draws from the older and more established doctrine of patent misuse, which bars a patentee from obtaining relief for infringement when he extends his patent rights beyond the limited monopoly conferred by the law. The doctrine forbids the copyright holder from attempting to extend the effect or operation of copyright beyond the scope of the statutory right. For example, by engaging in restrictive licensing practices that are contrary to the public policy underlying copyright law. In fact, the misuse doctrine is said to have evolved to tackle such aggressive licensing practices. Requirements Although the doctrine ...
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Transformative Use
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive. Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable. Such transformativeness weighs heavily in a fair use analysis and may excuse what seems a clear copyright infringement from liability. In United Stat ...
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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 ...
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Federal Supplement
The ''Federal Supplement'' ( is a case law reporter published by West Publishing in the United States that includes select opinions of the United States district courts since 1932, and is part of the National Reporter System. Although the ''Federal Supplement'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the U.S. that legal professionals uniformly cite the ''Federal Supplement'' for included decisions. Approximately 40 new volumes are published per year. Distinctions Before 1932, federal district court cases were published in the ''Federal Reporter'', which now publishes only case law from the United States Courts of Appeals and the United States Court of Federal Claims; prior series had varying scopes that covered opinions of other federal courts as well. The ''United States Reports'' are the official law reports of the rulings, orders, case tables, and o ...
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