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If adherence to the DMCA's provisions simultaneously subjects the copyright holder to state tort law liability, state and federal law may conflict. Depending on the facts of the case, federal law may preempt state law i.e. there will be no liability for state law claims resulting from compliance with federal law. [23]
McHardy's strategy was to approach a commercial entity with minor GPL violations — such as attribution deficiencies, lack or inadequacy of a written offer for source code, or an EULA conflicting with the GPL license — for the sole purpose of obtaining an undertaking to cease and desist from further infringing activity and including a clause ...
Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though he or she did not directly engage in the infringing activity. [1] It is one of the two forms of secondary liability apart from vicarious liability ...
35 U.S.C. § 271(b) creates a type of indirect infringement described as "active inducement of infringement," while 35 U.S.C. § 271(c) creates liability for those who have contributed to the infringement of a patent.
Providing multiple choice options in forms doesn't invalidate CDA immunity. Immunity under Section 230 requires that: (1) the defendant is a provider or user of an interactive computer service; (2) the cause of action treat the defendant as a publisher or speaker of information; and (3) the information at issue be provided by another ...
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Luigi Mangione has faced a federal court in Manhattan, charged with the murder of healthcare CEO Brian Thompson Federal charges were filed against Mangione today, in addition to state charges he ...
Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most US jurisdictions (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) [citation needed] It is a form of extracontractual liability that is based upon a failure to ...