Related Research Articles
In re Aimster Copyright Litigation, 334 F.3d 643, was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate because the copyright owners were likely to prevail on their claims of contributory infringement, and that the services could have non-infringing users was insufficient reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if it had eliminated an encryption system feature, and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i). and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm to the defendant created by the injunction.
International News Service v. Associated Press, 248 U.S. 215 (1918), also known as INS v. AP or simply the INS case, is a 1918 decision of the United States Supreme Court that enunciated the misappropriation doctrine of federal intellectual property common law—that a "quasi-property right" may be created against others by one's investment of effort and money in an intangible thing, such as information or a design. The doctrine is highly controversial and criticized by many legal scholars, but it has its supporters.
Ralph Ginzburg was an American author, editor, publisher and photo-journalist. He was best known for publishing books and magazines on erotica and art and for his conviction in 1963 for violating federal obscenity laws.
Warren Gilbert Boroson was an American author and journalist. He began his career in print journalism, and was best known as managing editor of Fact in 1964, when the magazine ran a controversial survey of psychiatrists on presidential candidate Barry Goldwater's mental fitness for office, which led to a lawsuit and revised ethical guidelines against psychological professionals diagnosing individuals they had not personally evaluated. He subsequently worked as an educator and writer of books about business and personal finance.
Milan Dale Smith Jr. is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon H. Smith, was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat.
Herbert F. Lubalin was an American graphic designer. He collaborated with Ralph Ginzburg on three of Ginzburg's magazines: Eros, Fact, and Avant Garde. He designed the typeface, ITC Avant Garde, for the last of these.
David Brookman Smith, known professionally as D. Brooks Smith, is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit. He was previously Chief Judge of both the United States Court of Appeals for the Third Circuit and the United States District Court for the Western District of Pennsylvania, and is the only judge in the history of the Third Circuit to have served as both a chief district judge and chief of the Court of Appeals. Since January 2022, Smith has served as Penn State Law's new jurist in residence.
Feres v. United States, 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.
BMG Music v. Gonzalez, 430 F.3d 888, was a court decision in which the United States Court of Appeals for the Seventh Circuit ruled that a record company could sue a person who engaged in online sharing of music files for copyright infringement. The decision is noteworthy for rejecting the defendant's fair use defense, which had rested upon her contention that she was merely "sampling" songs with the intention of possibly purchasing the downloaded songs in the future, a practice known informally as "try before you buy".
The Speedy Trial Act of 1974, establishes time limits for completing the various stages of a federal criminal prosecution.
Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447 (1993), was a case in which the Supreme Court of the United States rejected the assertion that attempted monopolization may be proven merely by demonstration of unfair or predatory conduct. Instead, conduct of a single firm could be held to be unlawful attempted monopolization only when it actually monopolized or dangerously threatened to do so. Thus, the Court rejected the conclusion that injury to competition could be presumed to follow from certain conduct. The causal link must be demonstrated.
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1928, are in the public domain.
Schillinger v. United States, 155 U.S. 163 (1894), is a decision of the United States Supreme Court, holding that a suit for patent infringement cannot be entertained against the United States, because patent infringement is a tort and the United States has not waived sovereign immunity for intentional torts.
Roger Robb was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit and trial attorney, best known for his key role as special counsel to an Atomic Energy Commission hearing that led to revocation of J. Robert Oppenheimer's security clearance in 1954.
County of Oneida v. Oneida Indian Nation of New York State, 470 U.S. 226 (1985), was a landmark United States Supreme Court case concerning aboriginal title in the United States. The case, sometimes referred to as Oneida II, was "the first Indian land claim case won on the basis of the Nonintercourse Act."
The Goldwater rule is Section 7 in the American Psychiatric Association's (APA) Principles of Medical Ethics, which states that psychiatrists have a responsibility to participate in activities contributing to the improvement of the community and the betterment of public health, but they should not give a professional opinion about public figures whom they have not examined in person, and from whom they have not obtained consent to discuss their mental health in public statements. It is named after former US Senator and 1964 presidential nominee Barry Goldwater.
Goldwater v. Ginzburg was a 1969 United States court ruling on defamation.
Mavrix Photo, Inc. v. Brand Technologies, Inc., 647 F.3d 1218, is a case in American intellectual property law involving personal jurisdiction in the context of internet contacts.
National Gay Task Force v. Board of Education of the City of Oklahoma City, Oklahoma, 729 F.2d 1270, is a decision by the Court of Appeals for the Tenth Circuit that upheld in part, and struck down in part, a law allowing schools to fire teachers for public homosexual conduct. It was the first federal appellate court decision to deny that sexual orientation is a suspect classification. It was affirmed by an equally divided vote in the United States Supreme Court.
Veeck v. Southern Bldg. Code Congress Int'l, Inc., 293 F.3d 791, was a 2002 en banc 9-6 decision of the United States Court of Appeals for the Fifth Circuit, about the scope of copyright protection for building codes and by implication other privately drafted laws adopted by states and municipal governments. A three-fifths majority of the court's fifteen judges held that copyright protection no longer applied to model codes once they were enacted into law.
References
- ↑ Maria Popova (January 5, 2011). "Ralph Ginzburg's fact: Vintage Wikileaks?". Brain Pickings. Retrieved February 21, 2017.
- ↑ Catalog of Copyright Entries. Third Series: 1967: July–December. Copyright Office, Library of Congress. 1971. p. 1793. Retrieved May 16, 2020.
- ↑ Meggs, Philip B. “Two Magazines of the Turbulent ‘60s: a ‘90s Perspective.” Print 48 (Mar–Apr 1994): 68–77 OCLC 201042699
- ↑ "Eros, Fact and Avant Garde". designishistory.com. Retrieved 22 October 2020.
- ↑ Richard A. Friedman (May 23, 2011). "How a Telescopic Lens Muddles Psychiatric Insights". New York Times. Retrieved May 24, 2011.
- ↑ 414 F.2d 324, 337 (2d Cir.1969), cert. denied, 396 US 1049, 90 S.Ct. 701, 24 L.Ed.2d 695.