Design Data Corp. v. Unigate Enterprises, Inc.

(United States Ninth Circuit) – In an action under the Copyright Act, alleging defendant infringed the copyright on plaintiff’s computer aided design program by downloading an unauthorized copy of the program and importing and distributing within the United States program output generated by a Chinese contractor using an unauthorized copy of the program, the district …

Read moreDesign Data Corp. v. Unigate Enterprises, Inc.

Perfect 10, Inc. v. Giganews, Inc.

(United States Ninth Circuit) – In a copyright case involving the Usenet, an international collection of organizations and individuals whose computers connect to one another and exchange messages posted by Usenet users, the district court’s judgment in favor of defendants is affirmed where: 1) the volitional conduct requirement was not met on plaintiff’s theories that …

Read morePerfect 10, Inc. v. Giganews, Inc.

Close v. Sotheby's, Inc.

(United States Ninth Circuit) – Affirmed in relevant part, finding that federal copyright law largely preempts California’s Resale Royalties Act, Cal. Civ. Code section 986, which grants artists a right to five percent of the proceeds on any resale of their artwork under specified circumstances.

Great Minds v. FedEx Office and Print Services, Inc.

(United States Second Circuit) – Affirming a district court judgment dismissing a copyright infringement suit brought by a producer of educational materials against FedEx for their duplication of the products on behalf of school districts, whose use was licensed as noncommercial, because the distinction between their use and FedEx’s facilitation of their use should have …

Read moreGreat Minds v. FedEx Office and Print Services, Inc.

Oracle USA, Inc. v. Rimini Street, Inc.

(United States Ninth Circuit) – Partially affirming, partially reversing, and vacating the district court’s judgment after jury trial in favor of Oracle on its copyright claims against a provider of third party support, affirming judgments of infringement, but reversing judgment as to California and Nevada statutes that weren’t violated by use of automated tools, reducing …

Read moreOracle USA, Inc. v. Rimini Street, Inc.

Uni Colors, Inc. v. Urban Outfitters, Inc.

(United States Ninth Circuit) – In a copyright infringement case involving fabric designs, the district court’s summary judgment in favor of plaintiff on the issue of infringement is affirmed where the district court did not err in: 1) its application of the subjective ‘intrinsic test’; and 2) concluding, on summary judgment, that the plaintiff had …

Read moreUni Colors, Inc. v. Urban Outfitters, Inc.