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For those who have lost the thread of this story, see: Oracle wins this round. The essence of Oracle America Inc. Now think for a minute of the profits that Google might attribute to its use of Android, which has dominated mobile operating system since its introduction in Leading Market Technologies, Inc.
A trove of nearly half a million e-mail addresses, provided by LMT, was stored on the Engage online system. Silverpop notified LMT of the data breach. After LMT refused to pay for further service, Silverpop suspended the agreement. Should the service provider be liable? Silverpop argued that it was engaged to provide access to its online system, not specifically to keep data secure.
Thus there was no breach of its obligations under the agreement. Opzioni binarie fallacious arguments anyway, if LMT suffered any damages, they were indirect or consequential and consequential such damages were excluded under the terms of the agreement. LMT countered that, in fact, the agreement quite clearly contained a confidentiality clause, and that the damages suffered by LMT were direct damages, not indirect consequential damages.
Opzioni binarie fallacious arguments Market Technologies Inc. The court was careful to review both the limit of liability clause which provided an overall cap on liability to 12 opzioni binarie fallacious arguments feesand the exclusion clause which barred recovery for indirect or consequential damages. The overall limit of liability had an exception: However, this exception did not impact the scope of the limit on indirect or consequential damages.
A documentary film is, by its nature, a work of non-fiction. It expresses a set of facts, arranged and portrayed in a particular way. If a fictional novel is written, based on a documentary film, is copyright infringed? In the recent Federal Court decision in Maltz v. Witterickthe court considered a claim of copyright and moral rights infringement by the makers of a documentary entitled No.
A writer, inspired by the opzioni binarie fallacious arguments, wrote a fictional young adult novel based on the same real-life experiences of the Hamalajowa family, even going so far as to use many of the same names, the same storyline and facts. After hearing of the book, the filmmakers sued both the author and Penguin Canada for infringement of their copyright in the documentary film.
Although there was no verbatim copying of the dialogue or narrative, the filmmakers claimed opzioni binarie fallacious arguments their copyright was infringed in the overall themes, relying on the interesting case of Cinar Corporation v. The court rejected this notion. Copyright law recognizes no such difference or distinction. Facts are facts; and no one owns copyright in them no matter what their relative size or significance.
The Court also made an important clarification regarding characters in the story. The copyright and moral rights claims were dismissed.
Where should a lawsuit opzioni binarie fallacious arguments heard? In those cases, the parties agree to a particular forum in advance. What if there is no contractual relationship? What is the proper forum for that dispute to be heard? Comptoir Des Indes Inc. The lawsuit was filed in opzioni binarie fallacious arguments Northern District of Illinois. At the appeal level, the court looked at the adequacy of the Canadian court to litigate this issue. IP rights are fundamentally territorial.
A opzioni binarie fallacious arguments between suburban neighbours escalated and spilled over into social media when one of the neighbours vented on Facebook. There was no evidence of any such system. See our Defamation Archive. Archive for May, Android vs. Copyright Update May 27th, Category: Rather, the parties opzioni binarie fallacious arguments for the providing of e-mail marketing services.
While it was necessary for LMT to provide a opzioni binarie fallacious arguments of intended recipients represented as e-mail addresses on the LMT List to ensure that the service Silverpop provided targeted e-mail marketing was carried out, the safe storage of the list was not the purpose of the agreement between the parties.
But they really do make a difference in the event of a claim. Ensure you have experienced counsel providing advice when negotiating these clauses, from either the customer or service provider perspective. Does Copyright Protect Facts? May 17th, Category: Business IssuesCopyrightGeneral.
By Richard Stobbe A documentary film is, by its nature, a work of non-fiction. May 11th, Category: By Richard Stobbe Where should a lawsuit be heard? By Richard Stobbe A dispute between suburban neighbours escalated and spilled over into social media when one of the neighbours vented on Facebook.
See our Defamation Archive Calgary —