Ex©lusive Rights

Recent Posts from Ex©lusive Rights

• Quality King injunction retroactively vacated

  Matrix Essentials v. Quality King Distributors, Inc., 90-CV-1070 (E.D.N.Y. 2009) The Eastern District of New York found on Friday that a 1990 injunction entered between Quality King and Matrix Essentials was retroactively vacated to 2002,…

• Second Circuit rejects copyright misuse as a cause of action

  Lava Records LLC v. Amurao, 2009 WL 3806366 (2d Cir. 2009) The Defendant-Counterclaimant appealed a judgment from the Southern District of New York that denied him attorneys’ fees and rejected his counterclaim for copyright misuse.…

• Apple granted summary judgment on its copyright infringement and DMCA claims against Psystar

  Apple, Inc. v. Psystar Corp., 08-03251 WHA (N.D. Cal. 2009) Apple won a thorough victory on Friday in its suit against Pystar Corp.  Apple distributed its Mac OS X operating system under a license where…

• Exclusive Rights is now on facebook

  Hi All, There was a great Wordpress plugin released recently that allows bloggers to stream an RSS feed on facebook using facebook’s new Wordpress interface capabilities.  Pretty darn cool. If any of you prefer to…

• Form 19 and oral arguments in Reed Elesevier v. Muchnick

  There’s a section of last month’s Supreme Court oral arguments in Reed Elsevier v. Muchnick that I’ve been meaning to point to for a while. Counsel for the Petitioners, when arguing that registration is a…

• A&E denied motion to dismiss claim stemming from its use of “Rocky Top” for 12-14 seconds

  House of Bryant Publications, LLC v. A & E Television Networks, 2009 WL 3673055 (M.D. Tenn. 2009) The Plaintiff was the copyright owner of the musical composition “Rocky Top,” the state song of Tennessee. The…

• 6th Cir. finds that jury fair use instructions not erroneous

  Bridgeport Music, Inc. v. UMG Recordings, Inc., 2009 WL 3617470 (6th Cir. 2009) This past summer there was a storm of discussion on the intertubes about whether fair use was a question that was appropriate…

• 7th Cir opines on originality standard for derivative works

  Schrock, Daniel v. Learning Curve International, Inc., 08-1296 (7th Cir. 2009) HIT Entertainment granted Learning Curve a license, which was not part of the record, to make “Thomas & Friends” train toys.  Learning Curve hired…

• Glenn Beck

  Is there any other figure in American politics whose name alone conjures such heated emotions? I’m not sure I can think of any. Some of you may be aware  of an internet meme which took…

• Transcript and video of the confirmation hearing for IP-Czar nominee Espinel

  The Senate Judiciary Committee held a hearing today on the nomination of Victoria Espinel for the position of Intellectual Property Enforcement Coordinator. I have included video and a transcript of the hearing below. var s1…