ReDigi is now before the U.S. Supreme Court in a legal battle over the reselling of digitized copyrighted works. The company, which attempted to launch an online marketplace for secondhand iTunes songs, has written a letter to Justice Ruth Bader Ginsburg requesting an extension to May 13 to file its cert petition. "The Petition raises novel and important legal questions about copyright law," writes Brian Lipkin, an attorney at Babst Calland who was recently retained by ReDigi to handle the bid for high court review. "These questions include whether, under the first sale doctrine, a person who lawfully acquires a digital file through the Internet has the right to resell it." On that question, the Second Circuit Court of Appeals ruled last December that ReDigi was engaging in unauthorized reproduction when transferring digital files from one user to another. Second Circuit Judge Pierre Leval rejected ReDigi's defense that the First Sale Doctrine — which once ushered in an … [Read more...] about Supreme Court Will Be Asked to Permit Resales of Digital Music Files
Supreme court cert
On Monday, the Ninth Circuit Court of Appeals refused to rehear a pair of cases — a $10 billion claim against Charter, a $20 billion claim against Comcast — alleging discrimination against African-American-owned media companies. Byron Allen is the driver of both suits, claiming that the cable operators are violating the Civil Rights Act of 1866, prohibiting racial discrimination in contracting, by refusing to make any good offer to carry networks owned by his Entertainment Studios Network. Allen's company also sued AT&T before arriving at a settlement whereby DirecTV picked up Comedy.TV and Justice Central.TV. After Allen got a federal judge to give him the green light against Charter, the Ninth Circuit both affirmed the decision as well as revived his case against Comcast. At the time, the appellate judges concluded that “[e]ven if racial animus was not the but-for cause of a defendant’s refusal to contract, a plaintiff can still prevail if she … [Read more...] about Will the Supreme Court Take Up Racial Discrimination in Cable Television?
Warning: This forthcoming Supreme Court hearing may contain strong language unsuitable for children. On Friday, the high court agreed to review a case — Iancu v Brunetti —that focuses on whether the government's prohibition on federal registration of “immoral” or “scandalous” trademarks is facially invalid under the free speech clause of the First Amendment. Back in Dec. 2017, the United States Court of Appeals for the Federal Circuit held that the Lanham Act's ban on immoral or scandalous matter was unconstitutional. The case concerns Erik Brunetti, who founded the clothing line, "FUCT," but was refused registration by an examiner on the name of his clothing brand. Federal Circuit Judge Kimberly A. Moore wrote that the trademark examiner's refusal couldn't survive constitutional scrutiny. "There are countless songs with vulgar lyrics, blasphemous images, scandalous books and paintings, all of which are protected under federal law," … [Read more...] about F-Bombs Coming to Supreme Court for Review of Government Ban on Scandalous Trademarks
The U.S. Supreme Court won't be reviewing a big copyright lawsuit brought by Fox News against TVEyes, a media monitoring services that stores a massive amount of television news programming for use by researchers. The decision to deny review leaves in place an opinion from a lower appellate circuit that affirmed TVEyes' copyright liability for making verbatim reproduction of Fox News' content. The development is a blow for TVEyes, which has become a critical tool for journalists to keep tabs on what is said on the air by Fox News commentators. That features has become especially important during the administration of President Donald Trump, who is often influenced by Fox News. TVEyes is also used by PR folks to track when their clients are mentioned in the news. In February, the Second Circuit Court of Appeals agreed with Fox News that a service that provided its video and audio to customers — almost in real time — and then allowed clips to be shared through email and … [Read more...] about Supreme Court Denies Review of Fox News Fight Against TVEyes
Olivia de Havilland, the 102-year-old actress who starred in Gone With the Wind, may have one last legal fight within her, but on Tuesday, FX Networks urged the U.S. Supreme Court to reject her petition to review the rejection of a lawsuit she brought over Feud: Bette and Joan. In March, Olivia de Havilland experienced a huge defeat at a California appeals court. She alleged that the Ryan Murphy series violated her publicity rights through Catherine Zeta-Jones portrayal of her and put her in a false light by depicting her as a vulgar gossip. The appeals court responded that she couldn't demonstrate a probability of prevailing on the merits of her claims and that her complaint should be stricken under California's anti-SLAPP statute, a law designed to curtail frivolous legal actions impinging First Amendment activity. Now, looking to take this Feud to the Supreme Court, FX argues she's interpreted the decision-making in the case all wrong. "Contrary to Petitioner’s … [Read more...] about FX Tells Supreme Court Not to Take Up Olivia de Havilland ‘Feud’ Fight