• Posts Tagged ‘exclusive license’

    Was It Licensed?

    by  • April 6, 2015 • copyright • 1 Comment

    Below is a portion of the “Submit” page when one posts a review on Rip-Off Report, owned by defendant Xcentric. (Click on the image for the full page.) If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com,...

    Read more →

    Ninth Circuit Walks Back Sybersound Records

    by  • February 16, 2015 • copyright • 0 Comments

    As I’ve written about before, Sybersound is a 2008 Ninth Circuit decision that was not well-received by copyright authorities. We now have a second Ninth Circuit opinion interpreting Sybersound that undoes the original harm. The decision is Corbello v. DeVito, the case that just keeps on giving for someone who writes about copyright ownership....

    Read more →

    The Photography Suits In a Nutshell

    by  • July 8, 2014 • copyright • 1 Comment

    I’ve been writing for some time (recursive link) about numerous lawsuits between photographers, or their agencies, and textbook publishers that have used photographs in excess of what they originally licensed for their books. Mostly I’ve been writing about challenges to standing, which are early in the cases on a motion to dismiss. But some...

    Read more →

    Who Can Enforce the Mark?

    by  • November 4, 2013 • trademark • 0 Comments

    I previously wrote about an unusual case in Florida, where a state agency alleged infringement of registered trademarks. The lawsuit was dismissed for lack of standing, with the district court reaching the conclusion that the enabling statute for the agency didn’t grant it the right to enforce its trademarks. According to the statute, Florida VirtualSchool...

    Read more →

    What Doesn’t Work for Copyright Standing

    by  • October 4, 2013 • copyright • 0 Comments

    Screen Media Ventures filed a copyright infringement suit against BitTorrent downloaders of the movie “Infected” and sought leave to subpoena internet service providers for subscriber information. Screen Media claimed this language gave it enough ownership interest to have standing for the claim: by itself, or in the name of Infected...

    Read more →

    Do Your Homework

    by  • August 16, 2013 • patent • 0 Comments

    Since the Acacia Research Group‘s business model is based on acquiring patents, you would expect them to be fairly diligent about ensuring that the chain of title is solid. But it wasn’t in Endotach LLC v. Cook Medical Inc. Endotach claimed to be an exclusive licensee of two patents, having acquired its rights from...

    Read more →

    It’s Hard to Be a Copyright Troll

    by  • July 29, 2013 • copyright • 0 Comments

    I previously reported on a pending case, Contra Piracy v. Does 1-2919, where the court very quickly raised the issue of standing – sua sponte, because it’s still a John Doe case. The savvy court suspected something was up and put the plaintiff to its proof. Owning the bare right to sue isn’t enough...

    Read more →

    A Patent Owner Who Doesn’t Own the Patent

    by  • July 16, 2013 • patent • 1 Comment

    I’ve often written about the various categories of potential plaintiffs in patent infringement suits. Depending on what rights a licensee acquired, it may or may not have constitutional standing to bring a patent infringement lawsuit. A new case, CopyTele, Inc. v. E Ink Holdings, Inc., comes at it from a somewhat different angle —...

    Read more →

    How to Do an E-Signature Right

    by  • May 2, 2013 • copyright • 2 Comments

    For a two-week period of time, from July 16, 2012 through August 8, 2012, Craigslist presented users with the following statement when submitting a post: Clicking “Continue” confirms that craigslist is the exclusive licensee of this content, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing or preparing derivative works without...

    Read more →