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Ninth Circuit

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

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

Perfect 10 v. Amazon — Ninth Circuit Holds Google Image Thumbnails Are Fair Use, Inline Linking May Not Directly Infringe

The Ninth Circuit held that Google’s display of thumbnail-size images in search results is fair use, while also addressing the server test for direct infringement — holding that a website that inline-links to content stored on another server does not ‘display’ that content and thus

U.S. Court of Appeals for the Ninth Circuit
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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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