It looks like the Copyright Trolls are trying to make good on their threats to start suing individuals who refuse to settle up. Earlier, Daniel G. Ruggiero named Robert Liberatore in a suit filed in the Eastern District of Pennsylvania. Now, Ruggiero has filed another suit, also in Pennsylvania, this time against Edward Huynh. The… Continue Reading
Category Archives: Infringement Defenses
Subscribe to Infringement Defenses RSS FeedNegligence Can’t Support Contributory Copyright Infringement
Posted in Infringement Defenses, Interesting Cases, Open Wi-FiEarlier I commented on a Finnish court that ruled leaving a wi-fi router open cannot, as a matter of law, give rise to copyright infringement by a third party. That’s great if you live in Finland, what about us in the U.S.? Well, things are starting to look good here too. As reported recently by… Continue Reading
Copyright Versus Patent: Let’s Get It On!
Posted in Fair Use, Infringement Defenses, Interesting Cases, Software ProtectionIf you follow my blog at all, you know that I often comment on the emerging use of copyright law over patent law to protect software. In fact, I will tell anyone who’ll listen that I think software copyrights should be the preferred mechanism for protecting your software over patents. But even I could not… Continue Reading
Pinterest Dodges Copyright Infringement Charges
Posted in DMCA Safe Harbor, Fair Use, Infringement Defenses, Online piracyIt seems that as soon as you become marginally successful on the Internet, you are accused of copyright infringement. So too with Pinterest. If you don’t know, Pinterest is the clever little service that allows you to freely surf the Internet, and if you come across an interesting picture or image, you can “pin it”… Continue Reading
Copyright Piracy OK if You Spend The Money You Saved
Posted in DMCA Safe Harbor, Fair Use, Infringement Defenses, Online piracyThe Swiss government has been considering additional legislation to address online copyright infringement. First, when you read an article about copyrights, you know which way the author leans by whether it’s referred to as “copyright infringement” or “copyright piracy.” The hardcore ones call it “copyright theft.” The worse you make it sound, the more likely… Continue Reading
Fair Use Defense to Copyright Infringement: What it is and what it isn’t
Posted in Fair Use, Infringement Defenses, Litigation DamagesAs a copyright lawyer, I hear a lot of people say “as long as I don’t copy more than 10% of something, it’s fair use.” Or sometimes you hear them say “as long as I change something, it’s fair use.” These people are destined for trouble. The “fair use” defense to copyright infringement is actually… Continue Reading