Showing posts with label judge. Show all posts
Showing posts with label judge. Show all posts

Friday, April 19, 2013

YouTube still protected under DMCA, says Judge, Viacom sent packing

YouTube still protected under DMCA, says Judge, Viacom sent packing


YouTube trends may have changed over the last few years, but the company's legal standing hasn't: according to a federal judge, the DMCA still protects the streaming site from Viacom's copyright claims. The ruling responds to Viacom's appeal of a 2010 case, which stated that YouTube couldn't be held responsible for copyright infringing content uploaded by its users. Viacom sought to revise the ruling, insisting that YouTube was "willfully blind" of the activity. That may be the case, but Judge Louis Stanton sees things differently. "Knowledge of the prevalence of infringing activity, and welcoming it, does not itself forfeit the safe harbor. To forfeit that, the provider must influence or participate in the infringement." Since YouTube doesn't pre-screen content before throwing it live, and because it always takes down infringing content upon request, it simply isn't liable.


Viacom says that the decision "ignores the opinions of the higher courts and completely disregards the rights of creative artists," and promises to appeal the decision again with hopes of taking the case to a jury. Google, on the other hand, is playing it cool. "The court correctly rejected Viacom's lawsuit against YouTube, reaffirming that Congress got it right when it comes to copyright on the Internet. This is a win not just for YouTube, but for people everywhere who depend on the Internet to exchange ideas and information." Looking for a side to pick? Check out the court's full decision after the break.


Viacom v. YouTube


Source: AllThingsD, YouTube

Friday, April 12, 2013

Miami judge accuses Samsung, Apple of using the courts 'as a business strategy'

Miami judge accuses Samsung, Apple of using the courts 'as a business strategy' data = {blogUrl: "www.engadget.com",v: 304};when = {jquery: lab.scriptBs("jquery"),plugins: lab.scriptBs("plugins"),eng: lab.scriptBs("eng")}; var s265prop9 = ('20537266' !== '') ? 'bsd:20537266' : ''; var postID = '20537266'; var modalMNo = '93319229', modalVideoMNo = '93320648', modalGalleryMNo = '93304207'; when.eng("eng.omni.init", {pfxID:"weg",pageName:document.title,server:"acp-ld39.websys.aol.com",channel:"us.engadget", s_account: "aolwbengadget,aolsvc", short_url: "",pageType:"",linkInternalFilters:"javascript:,",prop1:"article",prop2:"cellphones",prop9:s265prop9,prop12:document.location,prop17:"",prop18:"",prop19:"",prop20:"",mmxgo: true }); adSendTerms('1')adSetMOAT('1');adSetAdURL('/_uac/adpagem.html');lab._script("http://o.aolcdn.com/os/ads/adhesion/js/adhads-min.js").wait(function(){var floatingAd = new AdhesiveAd("10000057",{hideOnSwipe:true});}); onBreak({980: function () { adSetType("F");htmlAdWH("93319229", "LB", "LB"); adSetType("");}}); EngadgetMenu NewsReviews Features Galleries VideosEventsPodcasts Engadget ShowTopics Buyers Guides Sagas Store HD Mobile Alt Announcements Cameras Cellphones Desktops Displays Gaming GPS Handhelds Home Entertainment Household Internet Laptops Meta Misc Networking Peripherals Podcasts Robots Portable Audio/Video Science Software Storage Tablets Transportation Wearables Wireless Acer Amazon AMD Apple ASUS AT&T Blackberry Canon Dell Facebook Google HP HTC Intel Lenovo LG Microsoft Nikon Nintendo Nokia NVIDIA Samsung Sony Sprint T-Mobile Verizon About UsSubscribeLike Engadget@engadgettip uswhen.eng("eng.nav.init")when.eng("eng.tips.init") onBreak({980: function () {htmlAdWH("93308280", "215", "35",'AJAX','ajaxsponsor');}});Miami judge accuses Samsung, Apple of using the courts 'as a business strategy'BypostedApr 11th, 2013 at 7:26 AM 0

Miami judge accuses Samsung, Apple of using the courts 'as a business strategy'

Miami U.S. District Judge Robert Scola had choice words for Apple and Samsung during one of the pair's many patent disputes, accusing the two of of having "no interest in efficiently and expeditiously resolving this dispute" and instead using such proceedings "as a business strategy." The Florida case began in 2010 and has since swelled to over 180 claims, causing the pair to ask the court to reduce the scope of the case. That caused Judge Scola to rail against the combatants, saying "without a hint of irony, the parties now ask the court to mop up a mess that they made," adding that he would "decline this invitation." Instead, he gave them four months to streamline the case themselves, less it be placed on hold until all the nearly 100 terms in dispute are defined to everyone's satisfaction -- and we know how that's gone so far.

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Saturday, March 2, 2013

Judge orders new Apple vs. Samsung trial to reevaluate $450.5 million in damage awards

Judge orders new Apple vs Samsung trial to reevaluate $4505 million in damage awards


Samsung has tentatively been on the hook for $1.05 billion in penalties after allegedly infringing on Apple's patents, but that figure is about to change -- for better or for worse. Judge Koh has ordered a reevaluation of $450.5 million of the damages in a second trial, arguing that the jury set one damage figure per product where there were six infringement claims that had to be taken into account for each device. She also believes that Apple may be entitled to damages for sales not included in the original case. There's a chance Samsung can lower the amount it ultimately has to pay, but the extra factors and devices could easily worsen its situation. Koh hasn't set a trial date, either, but we'd like it to come soon: Apple versus Samsung is quickly becoming the battle that never ends.


Source: FOSSpatents, Bloomberg

Wednesday, January 30, 2013

Judge Koh finds Samsung infringement of Apple patents was not willful, won't triple damages

Judge Koh finds Samsung infringement of Apple patents was not willful, won't triple damages

Judge Lucy Koh has decided on several post-trial motions from Samsung and Apple in their long running patent case, overturning one key element of the jury's ruling while upholding several others. What was overturned was the jury's ruling that Samsung's acts of patent infringement were willful, which meant Judge Koh could have tripled some parts of the $1 billion+ in damages granted to Apple. On the other hand, she also rejected Samsung's request for a new trial, and invalidated two claims a wireless patent it holds. AppleInsider posted the decision to Scribd, which you can find embedded after the break, hit the source links for a few other looks at the ruling and what this means going forward. Naturally of course, it's not over yet (it's never over) as each company can still appeal elements of the ruling, and other appeals in the case are already ongoing.


Orders on Motions for Judgment as Matter of Law by Mikey Campbell
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By: Dilusha On 9:02 PM
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Sunday, December 30, 2012

ITC Judge recommends Samsung post 88 percent value bond, import bans in Apple patent case



If you're keeping track of the multiple, and let's face it, tiresome Samsung / Apple patent debacle, a document that just turned up at the ITC might spell more trouble for the Korean manufacturer. It's a publicly redacted version of Judge Pender's recommendations, and pertains to the October ruling that deemed Samsung borrowed four of Cupertino's designs. The most iconic being design patent D618,678 (that which you see above). The others include multi-touch patent 7,479,949 (which was tentatively invalidated) along with two other patents (RE41,922 and 7,912,501) relating to graphic display elements and audio hardware detection. If the recommendations are adopted -- and FOSS Patents suggests this is entirely possible -- Samsung could face a US import ban after a 60 day presidential review, an order prohibiting "significant" sales of infringing products in America along with a posting a bond for 88 percent of the entered value of mobile phones (plus 32.5 percent for media players and 37.6 percent for tablets) that include the breaching design features. Pender has, however, reportedly cleared several Samsung "designarounds" which, if implemented to satisfaction, would mean the tech giant could continue trading. For now though, the recommendations are awaiting the Commission's review.

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Thursday, December 20, 2012

ITC judge sides with Apple against Google on phone patent

A Google trademark is reflected in Apple logo in this photo illustration taken in Berlin, August 31, 2012.

Credit: Reuters/Pawel Kopczynski


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By: Dilusha On 12:18 AM
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