Copyright Cases
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Copyright

U.S. Court of Appeals for the Ninth Circuit
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Omega S.A. v. Costco Wholesale — Ninth Circuit on First Sale Doctrine and Gray Market Goods

The Ninth Circuit held that the copyright first sale doctrine does not apply to foreign-made goods, allowing Omega to prevent Costco from reselling Omega watches in the United States without authorization — a ruling the Supreme Court affirmed by an equally divided 4-4 court in 2010, leaving the Nint

Federal Circuit
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Chamberlain Group v. Skylink Technologies — DMCA Anticircumvention Provision Does Not Create New Property Right or Prevent Authorized Consumer Access

The Federal Circuit held that the DMCA’s anti-circumvention provision does not create a new property right and requires proof that access was unauthorized; because Chamberlain implicitly authorized customers to use third-party transmitters, Skylink’s universal garage door opener did not

U.S. Court of Appeals for the Ninth Circuit
Uncategorized

A&M Records v. Napster — Ninth Circuit Affirms Injunction Against Peer-to-Peer Music File Sharing

The Ninth Circuit affirmed the district court’s injunction requiring Napster to block access to infringing content — holding that Napster’s peer-to-peer music file sharing service was liable for contributory and vicarious copyright infringement and that the Sony Betamax staple article de

U.S. Court of Appeals for the Ninth Circuit
Uncategorized

Fonovisa v. Cherry Auction — Ninth Circuit Establishes Vicarious Liability for Flea Market Operators

The Ninth Circuit held that a flea market operator could be vicariously and contributorily liable for copyright infringement by vendors selling counterfeit recordings — establishing the framework for secondary copyright liability that would later be applied to online platforms and peer-to-peer servi

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