Category Archives: Court decisions

EU Court of Justice – Judg. c-406/10

(Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program – Decompilation of the object code of the first computer program – Directive 2001/29/EC – Copyright and related rights in the information society – Article 2(a) – User manual for a computer program – Reproduction in another computer program – Infringement of copyright – Condition – Expression of the intellectual creation of the author of the user manual)

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EU Court of Justice – Dec. C-70/10

Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing which infringes copyright – No general obligation to monitor information transmitted

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EU Court of justice – Case C-324/09

Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – Removal of the packaging of the goods – Directive 89/104/EEC – Regulation (EC) No 40/94 – Liability of the online-marketplace operator – Directive 2000/31/EC (‘Directive on electronic commerce’) – Injunctions against that operator – Directive 2004/48/EC (‘Directive on the enforcement of intellectual property rights’)

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US Court of Appeals 9th Circuit – Opinion 08-55998

The “first sale” doctrine allows a legitimate user to resell a copyrighted work even if the copyright holder labelled the support as “not for resale”.
Il principo di esaurimento consente al legittimo acquirente di un supporto contenente opere protette di rivendere il supporto stesso anche in presenza di una clausola “vietata la rivendita”.

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EU Court of justice – dec. C-467/08

(Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Reproduction right – Exceptions and limitations – Private copying exception – Definition of ‘fair compensation’ – Uniform interpretation – Implementation by the Member States – Criteria – Limits – Private copying levy applied to digital reproduction equipment, devices and media)

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EU Court of justice – Judg. C558/08

Trade marks – Keyword advertising on the internet – Directive 89/104/EEC – Articles 5 to 7 – Display of advertisements on the basis of a keyword identical with a trade mark – Display of advertisements on the basis of keywords reproducing a trade mark with ‘minor spelling mistakes’ – Advertising for second-hand goods – Goods manufactured and placed on the market by the proprietor of the trade mark – Exhaustion of the rights conferred by the trade mark – Affixing of labels bearing the name of the reseller and removal of labels bearing the trade mark – Advertising, on the basis of another person’s trade mark, for second-hand goods including, in addition to goods manufactured by the proprietor of the trade mark, goods from another source

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EU Court of Justice – Case C428/08 Monsanto Technology LLC v Cefetra BV and Others

(Reference for a preliminary ruling from the Rechtbank ’s‑Gravenhage (Netherlands)) (Legal protection of biotechnological inventions – Directive 98/44/EC – Patent for genetic information)

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European Court of Human Rights Judg. Dec.14 2008 – Case 30562/04 30566/04

ECHR Judg. on DNA sample retention  ull text available here

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EU Court of Justice Dec. C-275/06

Information society – Obligations of providers of services – Retention and disclosure of certain traffic data – Obligation of disclosure – Limits – Protection of the confidentiality of electronic communications – Compatibility with the protection of copyright and related rights – Right to effective protection of intellectual property Continue reading

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MINNESOTA SUPREME COURT – Dec. A06-1000/2007

A writ prohibition against a Court order granting – as addictional discovery – access to breath test device source code owned by the State, cannot be granted when evidence of non discoverability is not provided.

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US Court of appeals 4th Circuit – Opinion 042566

This appeal, a part of the multidistrict class action antitrust litigation brought against Microsoft Corporation by 39 purchasers of Microsoft’s operating system software and applications software, presents the question whether 26 indirect purchasers have stated a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). The district court granted Microsoft’s motion to dismiss their claims, concluding that because these 26 plaintiffs did not buy software directly from Microsoft, they were indirect purchasers who were barred from seeking recovery for illegal pass-through overcharges under the principles of Illinois Brick Co. v. Illinois, 431 U.S. 720
(1977). The court also found that they lacked standing to seek recovery for certain types of injury because the alleged injury did not constitute “antitrust injury,” was speculative, or was generalized and not specific to the plaintiffs. The court dismissed the plaintiffs’ equitable claims under the doctrine of laches.

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USDC Central – District California Case n. CV04-9484 AHM

PERFECT 10, Plaintiff, v. GOOGLE, INC., et al. Defendants. – CASE NO. CV 04-9484 AHM (SHx)
ORDER GRANTING IN PART AND DENYING IN PART PERFECT 10’S MOTION FOR PRELIMINARY INJUNCTION AGAINST GOOGLE

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US Supreme Court – Dec. n. 04-480

MGM vs GROKSTER

PDF download from this site

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Court of appeals of Minnesota – Opinion n. A04-381

The mere presence of an encryption software (namely PGP) although not directly related to the crime the defendant is charged of, is – per se – a proof of gulitness.

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Illinois Court of Appeals Second Division Opinion – Case n. 1-04-2794

SECOND DIVISION
April 5, 2005

No. 1-04-2794

LIEBERT CORPORATION, an Ohio corporation, and ZONATHERM PRODUCTS, INC., an Illinois corporation,

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Florida Disctrict Court of Appeals 5th Districts – Case No. 5D03-3484 – Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
JANUARY TERM 2005

Case No. 5D03-3484

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USDC for the Southern District of New York – Case n. 04-2614 Opinion and Order

Download the PDF (4,7 Mb)

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EU Court of justice Dec. C-411-02

Judgment of the Court (Second Chamber) of 14 September 2004.
Commission of the European Communities v Republic of Austria.

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USDC for the Eastern District of Pensylvania – Case n. 03-5051 Memorandum

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USDC for the Eastern District of Pensylvania – Case n. 03-5051 Order

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USDC for the Eastern District of Virginia – Case n. 1:04CV507LMBTCB – Order

United States District Court, E.D. Virginia, Alexandria Division.

GOVERNMENT EMPLOYEES INSURANCE COMPANY, Plaintiff,
v.
GOOGLE, INC., et al., Defendants.

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US Court of Appeals for the Ninth Circuit Dec. 03-55894

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EC Court of First Instance – Order T-201/04R

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Originale text on the EC Court of justice website

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Federal Court of Ottawa (CA) Ord. T-292-04

Scarica il file in formato PDF – Download the PDF text

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Appellate Cour Borgarting (NO) – Dec. LB-2003-00731

Instance:          Borgarting Appellate Court

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EU Court of justice Dec. C-101-01

Original text

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EU Court of justice Dec. C-243 – 01

Original text

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EU Court of justice Dec. C-292 – 01

Original text

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EU Court of justice Dec. C-236 – 01

Original text

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USA vs Jeffrey Parson – Warrant for Arrest – Case n. 03-457M

scarica il file da questo sito/download file from this site

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First Instance Court Oslo (NO) Dec. 02-507 M/94

Oslo first instance court
May be published

7 January 2003 there was pleadings before the court in Oslo Court House to make a

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US Supreme Court – Dec. n. 96–511

RENO, ATTORNEY GENERAL OF THE UNITED STATES, et al. v. AMERICAN CIVIL LIBERTIES UNION et al.

Appeal from the United States District Court for the Eastern District of Pennsylvania

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California Supreme Court Dec. S006987

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