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Dallas Buyers Club: Looking For Another ‘Oscar’?

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...
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A (Big?) Win For Defendants Named In Mass-BitTorrent Copyright Infringement Lawsuits

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,...
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How Should Artists React To Not Receiving Much Compensation From Spotify?

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...
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Robert Griffin III a Perfect Example of Proactively Protecting Intellectual Property

Robert Griffin III a Perfect Example of ...

High profile athletes who are between their last game of college and their first game of professional ball would do themselves a strong service to put a competent attorney on retainer.  The earlier said athlete hires such a lawyer to start putting his business affairs in order, the more likely that athlete will profit off of his intellectual property rights for years to come. Take Robert Griffin III (RG III or RG3) for example.  Griffin played his college ball at Baylor University, where he became one of the most sought after quarterbacks in the United States and won...
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Couple Charged with Sexual Assault Gets $13.78 Million in Defamation Action

Couple Charged with Sexual Assault Gets ...

There are two big problems with filing defamation lawsuits (obviously, without looking at the facts of the various potential cases): 1) Defamation lawsuits are very difficult to win, and 2) Even if the plaintiff gets a judgment in his/her favor, the damages awarded tend to be small.  But there are always exceptions to the rule. Recently, a jury awarded $13.78 million to the plaintiffs in a defamation action filed in Texas roughly 3 years ago.  Under Texas law, the plaintiffs had to prove that there was a false statement made about them, published to a third party,...
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Your Tweets Belong to Twitter and May be Subpoenaed Without a Warrant

Your Tweets Belong to Twitter and May be...

In April 2011, I had an article titled, You May Not “Like” This Title: Everything Stored On Facebook Is Discoverable, published in the NYU Law Journal of Intellectual Property and Entertainment Law.  The premise is that enjoying the openness of Facebook may come at an unexpected cost, especially for those who do not understand how the website’s content may be used as evidence in a lawsuit. A real world example of how social media content can and will be used in lawsuits comes via a lawsuit concerning an Occupy Wall Street protester.  In New York (where a lot of...