Dallas Buyers Club: Looking For Another ...

The following article is a guest contribution from Alan Wilmot, a 2L at the University of Miami School of Law. A week after winning two Oscars at the Academy Awards, the production studio behind ‘Dallas Buyers Club’ initiated a lawsuit against over 100 alleged BitTorrent pirates for illegally downloading the film. Joined by “Dallas Buyers Club, LLC” who later filed its own complaint, the lawsuits allege that 107 individuals shared a pirated copy of the film from their respective home connections around late January. The complaints constitute a copyright...

You Need More Than A Link To Sue In Copy...

The following article is a guest contribution from Alan Wilmot, a 2L at the University of Miami School of Law. This past January, a Washington District Judge ruled that the use of an IP address alone as evidence failed to meet the pleading requirements needed to pursue a claim for copyright infringement. In doing so, the court granted a defendant’s motion to dismiss against the makers of the movie “Elf-Man;” the filmmakers had sued hundreds of people for pirating their film using BitTorrent—peer-to-peer file sharing—online. In their complaint, the makers of...

Substantial Infringing Uses for Google R...

The following is a contribution from David Greene of Greene and Greene, Attorneys at Law in Dover, NH. For years, I used GoToMyPC for my remote desktop needs. Or sometimes I would use Windows 7 Professional to remotely control the desktop of another Windows 7 computer. These programs were okay, but were clunky and took many keystrokes and mouse clicks to get started. They were great for data transfer, but not so great on content delivery. Recently though, Google has implemented its Google Chrome Remote Desktop application. It’s fast – it connects in the amount...

Courts Demand Detailed Plan For Expedite...

There does not seem to be any decrease in the number of defendants accused of engaging in copyright infringement through the use of BitTorrent, a peer-to-peer file sharing program.  However, courts continue to show a reluctance to give plaintiffs, in those cases, all the tools they wish to use in an effort to squeeze every single dollar out of identified infringers.  One of the newest defendant-friendly orders came in the case of Third Degree Films v. John Does 1-110, filed in the United States District Court District of New Jersey. Third Degree Films, a pornographic...

It Is Tricky To Trademark A Vulgar Term ...

Have a scandalous mark that you wish to get protected for statutory purposes through filing an application with the U.S. Patent and Trademark Office (USPTO)?  Make sure to think long and hard before spending the time and money filing that application. The USPTO defines scandalous material as “shocking to the sense of truth, decency or propriety; disgraceful; offensive; disreputable; … giving offense to the conscience or moral feelings; … [or] calling out for condemnation.”  When determining whether a mark is “scandalous” the USPTO looks at how...

3-Dimensional Printing and its Patent Im...

The following is a guest contribution by David Greene, Esq. of Greene and Greene, Attorneys at Law. In the last year or so, I have been hearing a lot about a newish technology known as 3D printing. Before this past year, these printers were expensive, but lately have come down in price to the point of being attainable by amateur hobbyists. Now, you can by one of these printers for a thousand dollars or less, though you may be left to put together hundreds of small parts before your printer will work. If you don’t know, 3D printers are machines that create parts,...

A (Big?) Win For Defendants Named In Mas...

On May 15, 2012, the Southern District of New York released an opinion that could have a far reaching effect with regards to mass-BitTorrent copyright infringement cases.  I have represented many individuals who have been named as defendants in these types of cases, and more often than not, they are targeted for purportedly downloading pornographic films without paying for the right to view those movies.  I have covered some defense tactics in the past, but the new Southern District of NY opinion could be the best tool in the arsenal for future defendants. Basically,...

How Should Artists React To Not Receivin...

I was reading Billboard magazine when I came across an interesting blurb in a discussion about the American rock duo, The Black Keys.  The blurb states that The Black Keys have refused to allow Spotify to stream their new music (from the album El Camino).  It was simply a business decision for the duo.  They explain that it would take an unprecedented number of full steams on Spotify to even equal the amount they would receive on one digital download.  Billboard did the tough work and figured out exactly how many full streams would actually be necessary to equal that...