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By Joe Giordano, on October 7th, 2010%

Buy viagra soft tabs without prescription, Last week, the 9th Circuit Court of Appeals issued its opinion in Vernor v. Autodesk, order viagra soft tabs from canada, Buy viagra soft tabs low price, holding (among other things) that EULA terms can be binding when they establish a customer is a licensee of software, and not a purchaser, find cheap viagra soft tabs. Viagra soft tabs online pharmacy, Vernor purchased used copies of Autodesk's AutoCAD software, and resold them on eBay, cheap viagra soft tabs from usa, Order viagra soft tabs no prescription required, then brought an action seeking a declaratory judgment that he was the owner of the software, which the District Court granted, buy viagra soft tabs pills. Viagra soft tabs pills, The 9th Circuit vacated the judgment, the result of which seemingly gutted the affirmative defense known as "First Sale" or the "Exhaustion Rule", viagra soft tabs in uk. Cheap viagra soft tabs no rx, The First Sale Doctrine/Exhaustion Rule is an affirmative defense in Copyright, set forth in Section 109(a) and case law going as far back as 1908, viagra soft tabs generic. It is a limitation on the exclusive rights of copyright owners, allowing the purchaser of a copy of a protected work to dispose of the work in any way without permission of the owner of the copyright, buy viagra soft tabs without prescription. Viagra soft tabs buy, A reliance on this defense allows the trade of used books and other media to thrive, however the advent of the digital age threw a wrench into this model, discount viagra soft tabs overnight delivery. Buy cheapest viagra soft tabs on line, The premise of the defense is when the purchaser disposes of the copy, they did not retain a copy of the work, cheapest viagra soft tabs price. Overnight viagra soft tabs, After all, the average user did not have the means or mechanism to copy an entire book, purchase viagra soft tabs no rx. Viagra soft tabs from canada, Even VHS copies were of inferior quality and often not worth the effort. Buy viagra soft tabs without prescription, With CD and DVD ripping though, it allows a user to make a perfect copy of the content and re-sell the original copy, clearly beyond the scope of the defense.

The issue in Vernor is slightly different, cheap generic viagra soft tabs, Low price viagra soft tabs, though it draws on the same conflicts. Software, cheap viagra soft tabs on internet, Drug viagra soft tabs online purchase, just like CDs and DVDs, can be copied and the original copy re-sold in the same way, cheap viagra soft tabs internet. Viagra soft tabs in australia, One way to get around this employed by software publishers was to "sell" software as a license to use the software with express and explicit limitations on use and transfer. In other words, buy viagra soft tabs from india, Best price viagra soft tabs, the end user license agreement (EULA) that most users simply click through without reading contains terms that not only establish the user as a licensee and not a purchaser, but also waive any right to first sale doctrine, order viagra soft tabs overnight delivery.

Accordingly, the 9th Circuit held that Autodesk's customers who resold the software did not actually own the software, buy viagra soft tabs without prescription. Viagra soft tabs in bangkok, Instead, as per the terms of the EULA, viagra soft tabs buy online, Viagra soft tabs online sales, they were licensees. Therefore, low cost viagra soft tabs, Pharmacy viagra soft tabs, they did not have proper standing or title to sell the software to Vernor. This sequence essentially destroyed Vernor's grounds to assert the defense, cheap viagra soft tabs from canada, Real viagra soft tabs without prescription, and therefore he could not invoke the doctrine.

The decision is interesting for a few reasons, viagra soft tabs purchase. Buy viagra soft tabs without prescription, First, it raises the question of whether the sophistication of the user should matter. Buy viagra soft tabs from us, EULAs have come under scrutiny in the past, either for being at odds with the UCC, buy no rx viagra soft tabs, Cheap viagra soft tabs pill, unconscionable, or contracts of adhesion, viagra soft tabs internet. Buy viagra soft tabs online cheap, Softman v. Adobe stands for the idea that if the software is never run, the EULA can't be assented to, and is therefore not binding. Other courts have held them to be binding on the theory that users need to read things they agree to, regardless. In this case, you have a commercial user as the initial licensee, buy viagra soft tabs without prescription. One could expect such a user to understand their obligations and read the EULA with a better understanding than an average consumer.

This flows into a second consideration, which is consumer expectations. Most people assume that when they give consideration for software, they in fact own the software. If the EULA states otherwise, it may raise issues with whether there is a genuine meeting of the minds necessary to make the EULA binding. Buy viagra soft tabs without prescription, Most people don't read EULAs; they're cumbersome, complicated, and often obfuscated with legalese and fine print. The Electronic Frontier Foundation has been a proponent of this view, and accordingly has taken issue with the decision in Vernor and the litigation generally.

Though the case clearly does not put an end to First Sale, it does frustrate it somewhat in the digital context. However, the real threat to First Sale is technology itself, which makes the defense less feasible. This decision, though disappointing for Vernor and software consumers, is likely just the beginning of what is going to be an increasingly common theme in copyright and software litigation in the future.

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By Joe Giordano, on October 4th, 2010%

Buy viagra oral jelly without prescription, So far, all of the P2p/file sharing cases to reach the Supreme Court have dealt with the technology, companies, or business models that facilitate the so-called illicit downloading of copyrighted works. The Court has dealt with these in different ways, viagra oral jelly without prescription. Cheap viagra oral jelly pharmacy, They allowed the technology that facilitated infringement in Sony, but shut down a business in Napster that allowed for wholesale copying/distribution, buy viagra oral jelly canada, Viagra oral jelly pharmacy, and then came down even harder on business models premised on picking up where Napster left off in Grokster. The one thing that was missing in all of these cases were the people doing the actual copying: the consumer, best price for viagra oral jelly, Viagra oral jelly in us, John Q. Public, cost viagra oral jelly.

So far, cases ruling on individual liability have all been in the district and circuit courts, buy viagra oral jelly without prescription. Viagra oral jelly online stores, Joel Tenenbaum in the District Court for Massachusetts, Jammie Thomas-Rasset in Minnesota District Court, viagra oral jelly malaysia, Viagra oral jelly uk, and Whitney Harper in Texas District Court. The Fifth Circuit reversed the District Court's holding that Harper was only liable for minimal damages, find discount viagra oral jelly, Buy viagra oral jelly, approximately $200 per song, instead upping the penalty to $750 per song (the statutory minimum), cheapest generic viagra oral jelly online. No rx viagra oral jelly, It is this ruling that is petitioned to be heard by the Supreme Court.

The Court asked the RIAA to respond to Harper's petition, viagra oral jelly drug, Purchase viagra oral jelly, despite the RIAA waiving the same right. Buy viagra oral jelly without prescription, The odds of getting your case heard by the Supreme Court are generally below 1%. However, cheap viagra oral jelly no prescription, Order generic viagra oral jelly, as Arstechnica/Law.com point out, when the Court issues such a request, viagra oral jelly medication, Viagra oral jelly india, the odds jump significantly; depending on the formality, they may go anywhere from 8% to 34%, buy cheapest viagra oral jelly online. Viagra oral jelly without rx, There are numerous issues which are ripe to go before the Court. Tenenbaum's team have made an issue of the constitutionality of the statutory damages provided in Chapter 5 of the Copyright Act as violating the 8th Amendment (excessive fines) and Jammie-Thomas's team proposing that statutory damages must be reasonably related to actual damages, canadian viagra oral jelly. Viagra oral jelly professional, These are still quite a few steps away from going before the Supreme Court since they're still at the District level.

The Big Question

Harper's case brings up an interesting legal question, at least to legal nerds: Does the "innocent infringer" defense still apply in the digital age where it is impossible to affix proper notice to a sound recording?

Innocent infringement is a defense to copyright infringement, similar to Fair Use and de minimis, though it operates slightly differently, buy viagra oral jelly without prescription. Fair Use is the most enshrined copyright defense, find viagra oral jelly on internet, Buy viagra oral jelly on internet, and the most powerful. Unlike most defenses which act to mitigate an infringement, viagra oral jelly online, Order cheap viagra oral jelly, Fair Use can completely get an infringer off the hook. De minimis is slightly less effective and somewhat embedded in the Fair Use factors, viagra oral jelly for order, Order viagra oral jelly no prescription, saying that the amount of copying was so small it is negligible and not an infringement. Based on the law, viagra oral jelly overnight shipping, Viagra oral jelly prices, however, there are two types of "innocent infringers":

§405 infringers may be spared economic liability altogether, buy viagra oral jelly online without prescription, Approved viagra oral jelly pharmacy, making them subject to a compulsory license or injunction

§504 infringers are only afforded the benefit of non-willful infringement; they still must pay for their wrongful acts

Section 405 of the Copyright Act provides for a simple way to avoid the defense. Buy viagra oral jelly without prescription, While it used to be that failure to affix notice of copyright to a sound recording (typically through a ℗ or © with date on physical media) would invalidate the copyright, but with changes to the law it now simply serves as a bar to the innocent infringement defense. The law reads:

Any person who innocently infringes a copyright, no prescription viagra oral jelly, Purchase viagra oral jelly online, in reliance upon an authorized copy or phonorecord from which the copyright notice has been omitted and which was publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988, incurs no liability for actual or statutory damages under section 504 for any infringing acts committed before receiving actual notice that registration for the work has been made under section 408, find cheap viagra oral jelly online, Buy viagra oral jelly overnight delivery, if such person proves that he or she was misled by the omission of notice. [emphasis added]

The Copyright Act provides for the second "innocent infringer" defense buried in the text of willful infringement of §504(c)(2):

In a case where the infringer sustains the burden of proving, and the court finds, cheapest viagra oral jelly prices, Cheap viagra oral jelly from uk, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200.

So it would seem that the defense only applies to songs downloaded prior to 1988, which of course is "none". What's more is that the "copy" that was downloaded would have to be lawfully distributed, and it is safe to assume that anything owned by a member of the RIAA has not authorized any of the digital copies circulating. However, as a matter of statutory construction, it appears that 405 will get 504 infringers off the hook entirely. But where 405 doesn't apply (as in Harper's case), does it still matter. Can we, and should society expect a high school student to understand at least a basic tenet of Copyright - that the songs she is downloading are illegal copies. That's what it comes down to, and it is what the Court may decide.

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By Joe Giordano, on August 27th, 2010%

Buy levitra jelly without prescription, According to Steve Gibson, CEO of Righthaven, Copyrights are the biggest assets in the world of journalism. Cheap levitra jelly without prescription, So he's buying them, then suing anyone who re-hosts the articles on their blog or website, find levitra jelly without prescription. Cheap levitra jelly in canada, His business model essentially is to use the threat of statutory damages, up to $150, find discount levitra jelly, Buy no rx levitra jelly, 000 per willful infringement, to force bloggers and other online sites to settle for a fraction, find levitra jelly no prescription required. Find levitra jelly online, A Google search for Gibson's company reveals a torrent of litigation against various entities, ranging from marijuana legalization group NORML to the conservative blog Free Republic, compare levitra jelly prices online, Cheap levitra jelly overnight delivery, though there doesn't seem to be a website for the group as of yet.

This strategy echoes that of U.S, levitra jelly india. Copyright Group, a coalition of independent movie producers to enforce their P2P lawsuit claims, though the infringements vary significantly, buy levitra jelly without prescription. Buy levitra jelly generic, For Righthaven, they are targeting the wholesale plagiarism of online news content from for-profit media outlets, no rx levitra jelly. Levitra jelly bangkok, According to Gibson in an article from Wired Magazine, there are, levitra jelly information, Cheap levitra jelly tablets, "millions, if not billions, levitra jelly generic, Buy levitra jelly online cheap, of infringements out there”. While going after publishers who re-post content is a valid claim for a right holder to pursue (especially if the blog is making money off content they did not create), cheap levitra jelly online, Order levitra jelly no rx, using the Copyright Act to intimidate those who utilize RSS feeds or other forms of linking is more dubious. Mediapost.com ran a story in March pointing out Rightshaven is suing without even following the §512(c)(3) DMCA take down procedures, best price levitra jelly, Buy generic levitra jelly online, simply making its demand to settle or go to Court. Buy levitra jelly without prescription, This is likely a cost-saving measure designed to avoid spending more in legal fees than it makes in settlements, unlike the RIAA.

The issue here arises in light of cases such as Arriba Soft, purchase levitra jelly without prescription, Buy cheapest levitra jelly online, Perfect 10, and the recent Google-Viacom dispute: at what point does using content published somewhere else infringe on those rights, order discount levitra jelly online, Cheapest levitra jelly online, and what is sufficient to avoid liability. Arribasoft and Perfect 10 both stand for the prospect that deep linking, buy levitra jelly no rx, No prescription levitra jelly, where content from one site is displayed as a link on another, is protected Fair Use, price of levitra jelly. Levitra jelly pharmacy, Specifically, the Court in both cases relied on the highly transformative nature of the link combined with the relatively marginal market harm caused by the linking, get levitra jelly. Cheap levitra jelly from canada, Google recently had a summary judgment granted in its favor in a case brought by Viacom over content on YouTube, where DMCA take down procedures weighed heavily in a finding that Google did not infringe on Viacom's Copyrights, order levitra jelly cheap online. So, in these cases, where a blogger merely links to a case should be distinguished from one who copy-pastes content from another site without proper quotations or citations, buy levitra jelly without prescription. Buy cheapest levitra jelly on line, It is unclear if this distinction is part of Righthaven's plan.

So, levitra jelly pill, Buy levitra jelly from us, is Righthaven merely being brazen in their approach, or just economic, buy levitra jelly from india. Buy cheap levitra jelly, Practices such as this are an effective way of enforcing rights online when done right (by respecting the various rights and defenses available to using other people's content). When not done right, generic levitra jelly cheap, Discount levitra jelly overnight delivery, it makes for good litigation. However, cheap levitra jelly in usa, in the context here, the combination of a deep pocked and strong philosophical conviction makes decreases the odds of anyone mounting any serious defense in Court.

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By Joe Giordano, on August 27th, 2010%

Capitol Records and Jammie Thomas-Rassett have agreed to disagree Buy propecia without prescription, when it comes to mediation on the file-sharing case brought against her. Buy propecia on internet, As Copyright Guru and Attorney Ben Sheffner points out on his blog, Campaigns and Copyrights, order propecia no prescription required, Buy propecia in canada, the two sides failed to reach an agreement in court-ordered mediation, and as a result the case will proceed to trial for a third time this coming October, find no rx propecia. Propecia without prescription, This news comes just as the Judge in another high-profile file sharing case slashed the damages owed by file sharer Joel Tenenbaum by a factor of 10. In a July 9th order, propecia internet, Propecia from canada, District Court Judge Nancy Gertner set the damages for each infringed work to $2,500 for each of the 30 files at issue, buy propecia low price, Buy propecia online australia, an amount mirroring the damages awarded in Capitol v. Thomas, propecia us.

What sets Tenenbaum's case apart from Jammie Thomas' is his team of lawyers and law students who took on his cause, buy propecia without prescription. Propecia sale, Their argument focuses not on the legitimacy of Joel's actions, but on the constitutionality of the excessive damages permitted in current copyright law, propecia online. Buy propecia on line, As Tenenbaum's team puts it,

We believe that 1) the extent of the damages this statute permits are unconstitutional; and 2) the music industry is abusing federal power by using the court system capriciously

The cases underscore the trend in Federal courts towards a more rational approach to enforcing copyright, order propecia without prescription. Propecia in uk, While it is essential to give rights holders adequate means to protect their property, Judges are recognizing the disparity in damages between non-commercial and commercial infringement, drug propecia. Propecia online without prescription, As of yet, such cases have not made their way to the Supreme Court yet, propecia online stores, Buy propecia once daily, nor has there been an explicit constitutional ruling on the Constitutional issues. However, propecia online cheap, Find cheap propecia, instances such as this indicate that Judges may be starting to show some frustration with the way cases brought by members of the RIAA are handled, hinting the "abusive lawsuit" argument is growing some teeth, propecia medicine. Order no rx propecia. Propecia no online prescription. Pharmacy propecia. Order propecia online. Tablet propecia. Drug propecia online purchase. Buy cheap propecia online. Cheap propecia from uk. Buying generic propecia. Buy propecia lowest price. Propecia order. Cheap propecia in uk. Propecia in bangkok. Propecia buy online. Buy cheap propecia internet. Cheap propecia on internet. Propecia rx. Propecia no prescription.

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By Joe Giordano, on July 22nd, 2010%

Buy zoloft without prescription, Swedish intellectual property anarchists and abolitionists, the Pirate Party (Piratpartiet), are threatening to up the ante when it comes to bit torrent file sharing. Buy no rx zoloft, The party, which rose from the ashes of the infamous "Pirate Bay" torrent tracking site, find zoloft, Cheapest generic zoloft, announced plans to host the controversial website from within Swedish Parliament. The party is relying on a provision in the Swedish Constitution that grants parliamentary immunity to members of the "Riksdag" governing body carrying out their mandate, buy zoloft from canada. Low cost zoloft, Chapter 4, Section 8 of the Constitution reads:

No person may take legal action against a person who holds a mandate as a member of the Riksdag, cheap zoloft in usa, Discount zoloft without prescription, or who has held such a mandate, deprive him of liberty, real zoloft without prescription, Cheapest zoloft online, or restrict his movements within the Realm on account of an act or statement made in the exercise of his mandate

The immunity is limited to crimes punishable by less than 2 years imprisonment:

If, in any other case, buy zoloft no prescription required, Buy cheapest zoloft online, a member of the Riksdag is suspected of having committed a criminal act, the relevant rules of law concerning arrest, purchase zoloft, Buying generic zoloft, detention or remand are applied only if he admits guilt or was caught in the act, or the minimum penalty for the offence is imprisonment for two years.

The Pirate Party is a limited-issue party, zoloft medication, Zoloft pharmacy, with its agenda focusing on non-commercial exploitation of copyright-protected material, abolishing the patent system, cheap generic zoloft, Fda approved zoloft, and protecting the privacy of citizens in an open society. Currently, buy zoloft on line, Find cheap zoloft online, no member of the party hold a seat in the Riksdag, and they need to capture roughly 4% of the vote to earn one, drug zoloft. If they can pull off a victory similar to the 2009 European Parliament elections, where they earned 7.1% of the vote, running a non-commercial torrent index would be part of their elected mandate, thus allowing for their proposed immunity, buy zoloft without prescription. Purchase zoloft online, Furthermore, unless they admit to breaking the law, order zoloft without prescription, Cheap zoloft tablet, it does not appear that their immunity would be waived by the 2-year limitation since that is the maximum penalty under Swedish law. The Swedish Copyright Act provides in Chapter 7, Article 53:

Anyone who, zoloft bangkok, Order zoloft, in relation to a literary or artistic work, commits an act which infringes the copyright enjoyed in the work, cheap zoloft on internet. Zoloft price, . , find zoloft on internet. Zoloft from india, shall, where the act is committed wilfully or with gross negligence, zoloft no online prescription, Buy zoloft once daily, be punished by fines or imprisonment for not more than two years.

How the rest of the Riksdag would react to these maneuvers remains to be seen. Swedish elections are held every 4 years, zoloft online without prescription, Find zoloft no prescription required, and the last election was in 2006 (the same year the Pirate Party was established). Sweden heads to the polls again on September 19th, zoloft in australia, Zoloft for order, and although a Pirate victory would not cause the collapse of WIPO or world-wide IP anarchy, it would at the very least be a very strange twist in the fight to enforce digital rights, buy zoloft from india. Cheap price zoloft. Zoloft purchase. Buy cheapest zoloft. Zoloft free sample.