News & Analysis as of

Breach of Contract Copyright Litigation

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

Jones Day

UK Court Rules on Reverse Engineering of Mainframe Software

Jones Day on

IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more

Morrison & Foerster LLP

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #3

Kaufman & Canoles on

Georgia Gov. Brian Kemp signed an executive order Tuesday that will allow colleges in the state, including the University of Georgia, to pay players directly for the use of their name, image and likeness....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #2

Kaufman & Canoles on

A woman in Texas filed a new lawsuit last Monday accusing Cleveland Browns quarterback Deshaun Watson of sexual assault and battery in 2020....more

Sheppard Mullin Richter & Hampton LLP

Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more

McDermott Will & Emery

For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit addressed the copyright protection afforded to an information database and whether comments made to a reporter while litigation was ongoing violated the disparagement clause in a...more

McDermott Will & Emery

Of Passion, Prejudice and Punitive Damages

McDermott Will & Emery on

Addressing an issue of damages, the US Court of Appeals for the Ninth Circuit vacated the district court’s grant of punitive damages in favor of the plaintiff, finding “passion and prejudice” mitigated finding of “malice”....more

Sheppard Mullin Richter & Hampton LLP

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...more

McDermott Will & Emery

District Court Does Not Have Unlimited Discretion in Assessing Reasonable Attorneys’ Fees

McDermott Will & Emery on

Addressing attorneys’ fees in the context of a breach of contract claim, the US Court of Appeals for the 11th Circuit reversed the district court’s limited award of attorneys’ fees, finding the award inconsistent with the...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

McDermott Will & Emery

Failure to Introduce Source Code of Original Work Fatal to Claim Against Alleged Derivative Work

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed an order dismissing a breach of contract action, finding that the plaintiff failed as a matter of law to establish copyright infringement under the copyright law—upon...more

Proskauer Rose LLP

Three Point Shot - Summer 2016

Proskauer Rose LLP on

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

Dorsey & Whitney LLP

Avatar Wins Against Another Copyright Owner… in an Unusual Manner

Dorsey & Whitney LLP on

A recent decision from the California Court of Appeal, Fourth Appellate District, ended the hopes and dreams of a copyright owner from receiving a share of the $2.8 billion earned by James Cameron’s Avatar film. In this...more

McDermott Will & Emery

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

McDermott Will & Emery on

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide