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Inducement Rule
The inducement rule is a test a United States court can use to determine whether liability for copyright infringement committed by third parties could be assigned to the distributor of the device used to commit infringement. Summary of the rule Originating from patent law, the inducement rule test was articulated in Justice Souter's majority opinion in '' MGM Studios, Inc. v. Grokster, Ltd.'', a significant 2005 copyright and peer-to-peer file-sharing Supreme Court case. The inducement rule holds that "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."''Grokster'' at 19–20. Justice Souter elaborated on the details of the test in his written opinion in ''Grokster'', noting that liability could not be assigned through "mere knowledge of infringing potential or of actual infringing uses"; fu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence Lessig
Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. Lessig was a candidate for the Democratic Party's nomination for president of the United States in the 2016 U.S. presidential election but withdrew before the primaries. Lessig is a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications. In 2001, he founded Creative Commons, a non-profit organization devoted to expanding the range of creative works available for others to build upon and to share legally. Prior to his most recent appointment at Harvard, he was a professor of law at Stanford Law School, where he founded the Center for Internet and Society, and at the University of Chicago. He is a former board member of the Free Software Foundatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Columbia Pictures Industries, Inc
Columbia may refer to: * Columbia (personification), the historical female national personification of the United States, and a poetic name for America Places North America Natural features * Columbia Plateau, a geologic and geographic region in the U.S. Pacific Northwest * Columbia River, in Canada and the United States ** Columbia Bar, a sandbar in the estuary of the Columbia River ** Columbia Country, the region of British Columbia encompassing the northern portion of that river's upper reaches ***Columbia Valley, a region within the Columbia Country ** Columbia Lake, a lake at the head of the Columbia River *** Columbia Wetlands, a protected area near Columbia Lake ** Columbia Slough, along the Columbia watercourse near Portland, Oregon * Glacial Lake Columbia, a proglacial lake in Washington state * Columbia Icefield, in the Canadian Rockies * Columbia Island (District of Columbia), in the Potomac River * Columbia Island (New York), in Long Island Sound Populated places * Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apple Inc
Apple Inc. is an American multinational technology company headquartered in Cupertino, California, United States. Apple is the largest technology company by revenue (totaling in 2021) and, as of June 2022, is the world's biggest company by market capitalization, the fourth-largest personal computer vendor by unit sales and second-largest mobile phone manufacturer. It is one of the Big Five American information technology companies, alongside Alphabet, Amazon, Meta, and Microsoft. Apple was founded as Apple Computer Company on April 1, 1976, by Steve Wozniak, Steve Jobs and Ronald Wayne to develop and sell Wozniak's Apple I personal computer. It was incorporated by Jobs and Wozniak as Apple Computer, Inc. in 1977 and the company's next computer, the Apple II, became a best seller and one of the first mass-produced microcomputers. Apple went public in 1980 to instant financial success. The company developed computers featuring innovative graphical user inter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
IPod
The iPod is a discontinued series of portable media players and multi-purpose mobile devices designed and marketed by Apple Inc. The first version was released on October 23, 2001, about months after the Macintosh version of iTunes was released. Apple sold an estimated 450 million iPod products as of 2022. Apple discontinued the iPod product line on May 10, 2022. At over 20 years, the iPod brand is the oldest to be discontinued by Apple. Like other digital music players, some versions of the iPod can serve as external data storage devices. Prior to macOS 10.15, Apple's iTunes software (and other alternative software) could be used to transfer music, photos, videos, games, contact information, e-mail settings, Web bookmarks, and calendars to the devices supporting these features from computers using certain versions of Apple macOS and Microsoft Windows operating systems. Before the release of iOS 5, the iPod branding was used for the media player included with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mp3 Player
A portable media player (PMP) (also including the related digital audio player (DAP)) is a portable consumer electronics device capable of storing and playing digital media such as audio, images, and video files. The data is typically stored on a compact disc (CD), Digital Video Disc (DVD), Blu-ray Disc (BD), flash memory, microdrive, or hard drive; most earlier PMPs used physical media, but modern players mostly use flash memory. In contrast, analogue portable audio players play music from non-digital media that use analogue media, such as cassette tapes or vinyl records. Digital audio players (DAP) were often marketed as MP3 players even if they also supported other file formats and media types. The PMP term was introduced later for devices that had additional capabilities such as video playback. Generally speaking, they are portable, employing internal or replaceable batteries, equipped with a 3.5 mm headphone jack which can be used for headphones or to connect to a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet civil liberties. The EFF provides funds for legal defense in court, presents '' amicus curiae'' briefs, defends individuals and new technologies from what it considers abusive legal threats, works to expose government malfeasance, provides guidance to the government and courts, organizes political action and mass mailings, supports some new technologies which it believes preserve personal freedoms and online civil liberties, maintains a database and web sites of related news and information, monitors and challenges potential legislation that it believes would infringe on personal liberties and fair use and solicits a list of what it considers abusive patents with intentions to defeat those that it considers without merit. History Fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fred Von Lohmann
Friedrich "Fred" von Lohmann is an American lawyer who used to practice as a legal director at Google. Before joining Google in July 2010, von Lohmann was a senior staff Lawyer, attorney with the Electronic Frontier Foundation, specializing in intellectual property matters. In that role, he has represented programmers, technology innovators, and individuals in a variety of copyright and trademark litigation. He was also involved in EFF's efforts to educate policy-makers regarding the proper balance between intellectual property protection and the public interest in fair use, Freedom of speech, free expression, and innovation. Before joining EFF, von Lohmann was a visiting researcher with the Berkeley Center for Law and Technology and an associate with the international law firm of Morrison & Foerster LLP. He has appeared on CNN, CNBC, ABC's Good Morning America, The NewsHour with Jim Lehrer, and Fox News O'Reilly Factor and has been widely quoted in a variety of national public ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chilling Effect (term)
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill. A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a Strategic Lawsuit Against Public Participation (SLAPP). "Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Brief
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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