Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d),(passed as part of Pub.L. 106–113 ) is a U.S. law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. The law was designed to thwart "cybersquatters" who register Internet domain names containing trademarks with no intention of creating a legitimate web site, but instead plan to sell the domain name to the trademark owner or a third party. Critics of the ACPA complain about the non-global scope of the Act and its potential to restrict free speech, while others dispute these complaints. Before the ACPA was enacted, trademark owners relied heavily on the Federal Trademark Dilution Act (FTDA) to sue domain name registrants. The FTDA was enacted in 1995 in part with the intent to curb domain name abuses. The legislative history of the FTDA specifically mentions that trademark dilution in domain names was a matter of Congressional concern motivating the Act. Senator Leahy stated that "it is my hope that this anti-dilution statute can help stem the use of deceptive Internet addresses taken by those who are choosing marks that are associated with the products and reputations of others".
A lighter is a type of flat-bottomed barge used to transfer goods and passengers to and from moored ships. Lighters were traditionally unpowered and were moved and steered using long oars called "sweeps" and the motive power of water currents. They were operated by skilled workers called lightermen and were a characteristic sight in London's docks until about the 1960s, when technological changes made this form of lightering largely redundant. Unpowered lighters continue to be moved by powered tugs, however, and lighters may also now themselves be powered. The term is also used in the Lighter Aboard Ship (LASH) system.
In rem jurisdiction is a legal term describing the power a court may exercise over property or a "status" against a person over whom the court does not have in personam jurisdiction. Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property.
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.
United States v. Carroll Towing Co., 159 F.2d 169, is a decision from the 2nd Circuit Court of Appeals that proposed a test to determine the standard of care for the tort of negligence. The judgment was written by Judge Learned Hand wherein he described what is now called the calculus of negligence or the Hand Test, a classic example of a balancing test.
United States v. One Package of Japanese Pessaries, 86 F.2d 737, was an in rem United States Court of Appeals case in the Second Circuit involving birth control.
Crowley Maritime Corporation, is based in Jacksonville, Florida. Founded in 1892, Crowley is primarily a family- and employee-owned vessel management, owner, and supply chain logistics services company, providing services globally. As of July 2016, Crowley was ranked as the 13th largest private company in Florida, employing approximately 5,300 people worldwide with revenues of $2.2 billion. It provides its services using a fleet of more than 300 vessels, consisting of RO-RO vessels, LO-LO vessels, tankers, Articulated Tug-Barges (ATBs), tugs and barges. Crowley's land-based facilities and equipment include terminals, warehouses, tank farms, and specialized vehicles.
Diane Pamela Wood is an American attorney and jurist who serves as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.
The Rhône v The Peter AB Widener is a Supreme Court of Canada decision on the "directing mind" principle of corporate liability. The Court held that an individual must have "governing authority over the management and operation" of the corporation to be considered a "directing mind".
Trimarco v. Klein Ct. of App. of N.Y., 56 N.Y.2d 98, 436 N.E.2d 502 (1982) is a 1982 decision by the New York Court of Appeals dealing with the use of custom in determining whether a person acted reasonably given the situation. It is commonly studied in introductory U.S. tort law classes.
Williams v. Walker-Thomas Furniture Co., 350 F.2d 445, was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contract law. As a staple of first-year law school contract law courses, it has been briefed extensively.
Daniel Anthony Manion is a Senior United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit whose chambers are in South Bend, Indiana.
Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), is a United States Supreme Court case that involved issues concerning statutory standing in antitrust law.
Joel Martin Flaum is a Senior United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit and a former United States District Judge of the United States District Court for the Northern District of Illinois.
Chicago Lawyers' Committee For Civil Rights Under Law v. Craigslist, 519 F.3d 666, is a Seventh Circuit decision affirming a lower court ruling that Section 230 of the Communications Decency Act (CDA) provides immunity to Internet service providers that "publish" classified ads that violate the Fair Housing Act (FHA).
The Irving Whale is a Canadian barge that sank off the north coast of Prince Edward Island, while en route from Halifax, Nova Scotia to Bathurst, New Brunswick, with a cargo of Bunker C oil in a rich fishing area. It is "one of Canada's most notorious nautical disasters". The barge, owned by J.D. Irving Ltd., had carried oil for JDI from 1967 until it sank in 1970. It was refloated in 1996, re-fitted as a deck barge, re-activated, and renamed ATL 2701 in 2001 and renamed again in 2009, as Atlantic Sea Lion. Since the accident, it only transports dry cargo.
Geier v. American Honda Motor Company, 529 U.S. 861 (2000), was a United States Supreme Court case in which the Court held that a federal automobile safety standard pre-empted a stricter state rule. The Court held that Alexis Geier, who suffered severe injuries in a 1987 Honda Accord, could not sue Honda for failing to install a driver-side airbag – a requirement under District of Columbia tort law but not Federal law – because Federal law pre-empted the District's rule.
Andrew David Hurwitz is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.
Inwood Laboratories Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982), is a United States Supreme Court case, in which the Court confirmed the application of and set out a test for contributory trademark liability under § 32 of the Lanham Act.
