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Vicarious liability for infringement
IEEE Micro, 2004Each of these technological advances has challenged copyright law. We focus on litigation when millions of users downloaded the programs from the Internet and proceeded to use them to facilitate widespread file swapping of copyright-protected songs. Such peer-to-peer (P2P) file-swapping has now become a cause celebre for owners of copyright-protected ...
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Psychology and Marketing
ABSTRACTTerritorial infringement occurs when two consumers signal psychological ownership of the same object, such as a product or brand. We suggest that within virtual brand communities characterized by the community's collective ownership of the brand, signaling individual psychological ownership of the brand will be perceived as an infringement on ...
Christina A Kuchmaner, Jennifer Wiggins
exaly +2 more sources
ABSTRACTTerritorial infringement occurs when two consumers signal psychological ownership of the same object, such as a product or brand. We suggest that within virtual brand communities characterized by the community's collective ownership of the brand, signaling individual psychological ownership of the brand will be perceived as an infringement on ...
Christina A Kuchmaner, Jennifer Wiggins
exaly +2 more sources
Infringement: Preliminary Matters
1998Abstract As has been discussed above, intellectual property rights are granted on a national basis, along the lines of the national intellectual property statutes. It is quite normal though for these intellectual property rights to be exploited internationally.
James J Fawcett, Paul Torremans
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Journal of American Constitutional History
The Second Amendment’s operative clause instructs that “the right of the people to keep and bear arms shall not be infringed.” Although the Supreme Court has given careful attention to most of the Second Amendment’s text, its final words—“shall not be infringed”—remain unexplored, despite their identification by the Court as the amendment’s ...
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The Second Amendment’s operative clause instructs that “the right of the people to keep and bear arms shall not be infringed.” Although the Supreme Court has given careful attention to most of the Second Amendment’s text, its final words—“shall not be infringed”—remain unexplored, despite their identification by the Court as the amendment’s ...
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2016
Abstract Actions for infringement lie at the heart of European Union design law (including national (and Benelux) registered design law under the Directive). In order to provide the ‘enhanced protection’ required by Recital 7 of the Regulation, courts must be willing to find infringement of valid design rights—why else provide for them?
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Abstract Actions for infringement lie at the heart of European Union design law (including national (and Benelux) registered design law under the Directive). In order to provide the ‘enhanced protection’ required by Recital 7 of the Regulation, courts must be willing to find infringement of valid design rights—why else provide for them?
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Computer, 2015
Patent infringement-related damages are typically calculated in one of two ways, and those calculations can lead to very large numbers, but recent court decisions have significantly limited their size. The Web extra at https://youtu.be/UJRCtoXP210 is an audio recording from author Brian M.
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Patent infringement-related damages are typically calculated in one of two ways, and those calculations can lead to very large numbers, but recent court decisions have significantly limited their size. The Web extra at https://youtu.be/UJRCtoXP210 is an audio recording from author Brian M.
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Yahoo! liable for contributory infringement by display of links to infringing websites
Journal of Intellectual Property Law & Practice, 2011Comment to PFA Films S.r.l. v Google Italy, Microsoft S.r.l. and Yahoo! Italia S.r.l., Tribunale di Roma, ordinanza, 20 March 2011. By an ordinanza (interim injunction), the Tribunale di Roma (Rome court of first instance) held Yahoo! liable for contributory copyright infringement in that, despite the information received, the search engine had not ...
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What’s Wrong with Infringements (Insofar as Infringements are not Wrong): A Reply
Law and Philosophy, 2007An earlier article of mine, 'Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights', was devoted to rebutting Judith Jarvis Thomson's arguments in favor of incorporating the distinction between (permissibly) infringing and (impermissibly) violating a right.
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2012
Recent landmark Supreme Court decisions established plausibility as the new pleading standard in a civil lawsuit. However, it is not always clear how the facts of an individual case fit into such a standard, particularly in patent infringement litigation.
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Recent landmark Supreme Court decisions established plausibility as the new pleading standard in a civil lawsuit. However, it is not always clear how the facts of an individual case fit into such a standard, particularly in patent infringement litigation.
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