E.C. cases may create uncertainty
Article Abstract:
The European Court of First Instance's TV Guide decisions enhance the supremacy of European Community intellectual property law over that of member nations. The case involved an Irish television broadcaster's refusal to allow printing of its program schedule. Irish courts agreed with the broadcaster. The Court of First Instance held the broadcaster in violation of Article 68 of the Treaty of Rome, a European Community antitrust law. The decisions, upholding a previous one by the European Commission, could have significant intellectual property ramifications, especially for the software industry.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Decisions may signify a judicial turnabout
Article Abstract:
The federal courts have developed a stricter copyright infringement standard in 1992, a trend which started with the 2d Circuit's decision in Computer Associates International Inc v Altai Inc. Computer Associates declined to use the single-idea approach of the Whelan case and developed the 'abstraction-filtration-comparison' test to decide if copyright infringement had occurred. This test views software as utilitarian rather than creative and makes it more difficult to prove infringement. The 9th and the Federal Circuits have joined the 2d Circuit in the use of this test.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
NFL sues to protect blackouts; League has winning streak
Article Abstract:
NFL v Rosie O'Grady's is the latest in a line of suits by the National Football League (NFL) against bar proprietors to force them not to show blacked-out games. Bar owners are being sued for violating federal communication and copyright laws for lifting the television broadcast of the game off a satellite. Other federal courts dealing with this issue have held that the broadcasts belonged to the NFL and that to intercept them was a copyright infringement.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Marriage traps in the workplace: nepotism rules make it harder for spouses to be colleagues in public sector. Greetings from independent Hawaii
- Abstracts: Protectionism to promote culture: South Korea and Japan, a case study. Recent amendments to the Korean Commercial Code and their effects on international competition
- Abstracts: House and Senate version of securities reform legislation, which differ on the safe harbor for predictions and the definition of 'scienter,' must be reconciled
- Abstracts: New strategies add spice to retreat proceedings; organizers can use a variety of methods to capture attorneys' attention during firm retreats
- Abstracts: Mexican Bar restricted despite free trade pact. Lawyers seek to gain from privatization law. Few privatizations in the East Bloc go very quickly