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RIAA Files Another 762 P2P File Sharing Lawsuits
on Saturday, October 02, 2004 - 05:40 AM Posted by: elliot
CyberLaw
The Recording Industry Association of America ("RIAA") has filed yet another 762 P2P file sharing law suits, bringing the total to approximately 5400 suits to date! The usual settlement price to buy out is $5000.00.

Read the article here.

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NY District Court Strikes Music Bootlegging Law
on Sunday, September 26, 2004 - 05:30 AM Posted by: elliot
Music Law
U.S. District Judge Harold Baer Jr. dismissed a federal indictment of Jean Martignon, who runs a Manhattan mail-order and Internet business that sells bootleg recordings. The judge struck down a 1994 law banning the sale of bootleg recordings of live music, ruling the law unfairly grants "seemingly perpetual protection" to the original performances. Cf. U.S. v. Moghadam, 175 F 3d 1269, 1272 (11th Cir. 1999).

Read the article here.

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De Minimus Sampling Illegal
on Saturday, September 11, 2004 - 09:18 AM Posted by: elliot
Music Law
The 6th Circuit Court of Appeals (TN) held digital sampling of a sound recording, no matter how minimal, constitutes copyright infringement. See Bridgeport Music, Inc. et al. v. Dimension Films et al.; Case Nos. 02-6521, 03-5738; September 7, 2004. Read the decision here.

Cf. Newton v. Diamond, Horowitz, and Yauch; 9th Circuit Court of Appeals (CA), 349 F 3rd 591, Nov. 4, 2003. Read the decision here.

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RIAA Files 744 More P2P File Sharing Lawsuits
on Friday, August 27, 2004 - 12:23 AM Posted by: elliot
CyberLaw
8.26.04. The Recording Industry Association of America (RIAA) has filed an additional 744 P2P file sharing lawsuits over the last several days.

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Justice Department Raids P2P File Sharers
on Thursday, August 26, 2004 - 05:26 AM Posted by: elliot
CyberLaw
FBI agents raided residences throughout the USA yesterday which were hubs for the "Underground Network." About 7,000 users connected to the network via file-sharing software known as "Direct Connect." According to law enforcement officials, not only were music files shared, but, also movies not yet released theaters, DVD or video.

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What's GNU?
on Monday, August 23, 2004 - 09:32 AM Posted by: elliot
CyberLaw
By Elliot Zimmerman, Attorney At Law, Fort Lauderdale, FL

The GNU (“Generally Not Unix”) General Public License (“GPL”), or GNU GPL for short, which can be viewed here, is used by authors who want their works to remain free for others to copy and change. Under the terms of the GNU GPL, the author first copyrights the original work then licenses it to the public to use for free, provided that anyone who redistributes it, with or without changes, must pass along the freedom to further copy and change it.

Sometimes, others add changes to the original work licensed to the public under the terms of the GNU GPL which in and of themselves rise to the level of a new original copyrightable work, and not a derivative of the GNU GPL licensed original.

When can the author of an original computer program, who has licensed the initial work to the public under the terms of the GNU GPL, force others, who have copied and changed the original, to freely distribute the resulting new work with the modifications and additions?

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9th Circuit Affirms Grokster Not Infringer
on Thursday, August 19, 2004 - 03:53 PM Posted by: elliot
CyberLaw
The Ninth Circuit Court of Appeals in MGM v. Grokster et al. declares defendants not liable for indirect copyright infringement in P2P music file sharing cases, upholding the lower court's decision.

Read the decision here.

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RIAA v. Doe Form Settlement Agreement
on Wednesday, August 04, 2004 - 04:07 PM Posted by: elliot

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Defenses to P2P Direct Copyright Infringement
on Wednesday, August 04, 2004 - 03:09 PM Posted by: elliot
CyberLaw
Procedural and Evidentiary Considerations in Music File Sharing Direct Copyright Infringement Suits.

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Representatives Consider Overturning DMCA
on Tuesday, June 22, 2004 - 07:59 AM Posted by: elliot
Emerging Legal Issues
Wired reports that U.S. representatives are worried that the Digital Millenium Copyright Act has criminalized otherwise innocent activities, such as making a personal copy of a purchased CD, or trying to get a DVD to play on a Linux computer.

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CyberLaw Offices

Elliot Zimmerman, P.A.

Attorney At Law

Board Certified Intellectual Property Lawyer

Board Certified Intellectual Property Lawyer
100 NW 70th Avenue, PH 203
Plantation, Florida 33317
In Fort Lauderdale, Florida, call (954) 565-6996
In Boca Raton, Florida, call (561) 989-9990

legal@cyberlaw.info
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CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.


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Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.

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Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 100 NW 70th Avenue, PH 203, Plantation, Broward County, FL 33317, Phone: 954.565.6996, Email: legal@cyberlaw.info.

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