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First Federal Convictions for P2P File Sharing
By Elliot Zimmerman on Wednesday, January 19, 2005 - 09:44 PM
CyberLaw
Two men plead guilty to violating copyrights on peer-to-peer networks, marking the first federal criminal convictions for file sharing. According to the Justice Department, William R. Trowbridge, 50, of Johnson City, N.Y., and Michael Chicoine, 47, of San Antonio, each operated an online hub that let people exchange video games, computer programs,digital music and movie files. Both were members of the Underground Network which used Direct Connect software to copy files. The Justice Department stated that the men pleaded guilty because they operated the hubs to obtain valuable infringing works from others. Each faces up to five years in prison and a $250,000 fine.

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Court Orders More Requirements for P2P Subpoenas
By Elliot Zimmerman on Friday, January 07, 2005 - 05:52 AM
CyberLaw
The Eighth Circuit Court of Appeals issued a decision today that will stop entertainment corporations from gaining access to the names of people using peer-to-peer (P2P) networks unless the companies file lawsuits against them and furnish actual evidence of copyright infringement.

Read the decision here.

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BeWarez!
By Elliot Zimmerman on Thursday, December 30, 2004 - 05:10 AM
CyberLaw
Jathan Desir, 26, of Iowa City, pled guilty on 12/22/04 to copyright infringement and conspiracy charges stemming from his part in "Warez," which is a web ring that distributes pirated software, games, music and movies over the internet. Desir faces up to 15 years in prison and will be sentenced in March, 2005.

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U.S. Supreme Court to Hear MGM v. Grokster Appeal
By Elliot Zimmerman on Sunday, December 12, 2004 - 11:31 PM
CyberLaw
On December 10, 2004, the U.S. Supreme Court decided it will hear MGM's appeal in MGM Studios v. Grokster, No. 04-480. Oral argument is set for March, and a decision is expected by July.

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Liability for CyberLibel?
By Elliot Zimmerman on Tuesday, November 30, 2004 - 07:28 AM
CyberLaw
In Barrett v. Rosenthal, California Supreme Court [No. S122953], the Supreme Court of California is presently reviewing a decision by the California Court of Appeal, First District, Div. Two [No. A096451], which held Illena Rosenthal, a woman's health advocate, liable for posting a controversial opinion piece on a Usenet news group. The piece was written not by Rosenthal, but by Tim Bolen, a critic of plaintiff Terry Polevoy.

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Movie Studios Can't Sue File Sharers Collectively
By Elliot Zimmerman on Wednesday, November 24, 2004 - 07:37 AM
CyberLaw
Judge William Alsup, in Twentieth Century Fox Film Corporation et al. v. Does 1-12, Case No. C 04-04862 WHA in the U.S. District Court for the Northern District of California, ruled on November 16, 2004 that plaintiffs, several movie studios, couldn't sue several alleged "John Doe" defendant file sharers collectively in one suit. Instead, they must sue each defendant individually.

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International Trademark Protection
By Elliot Zimmerman on Thursday, November 18, 2004 - 05:45 AM
CyberLaw
The U.S. has been a party to the Madrid System, which allows international registration of marks with a single application in the U.S. PTO, since November 2, 2003. The Madrid System is governed by the Madrid Protocol (1891) and WIPO.

As a prerequisite to obtaining an international registration in the U.S. PTO under the Madrid System, the mark must be pending or registered in the U.S. PTO. Subsequently, international registration can be made, prosecuted and approved in the U.S. PTO. Once the mark is internationally registered, additional countries can be added as they become parties to the Madrid System, or the owner of the mark starts using the mark in new countries which are already members. The international registration lasts for 10 years, and can be renewed for additional 10 year periods by paying a single fee to the U.S. PTO.

Note: Mexico and Canada are not members of The Madrid System.

Click "Read more" below to see the list of current members.

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Streamcast and Grokster Brief Filed in Supreme Court
By Elliot Zimmerman on Tuesday, November 16, 2004 - 04:09 AM
CyberLaw
Streamcast and Grokster filed a joint brief urging the Supreme Court to let the 9th Circuit's decision stand. Read the brief here.

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2 Found Guilty of 3 Felony Spam Counts in VA
By Elliot Zimmerman on Thursday, November 04, 2004 - 10:20 PM
CyberLaw
Jeremy Jaynes, 30, and his sister Jessica DeGroot, 28, both of the Raleigh, North Carolina, area were both found guilty of three felony charges each for using phony Internet addresses to send large volumes of e-mail ads through an AOL server in Loudoun, Virginia. The jury recommended 9 years in prison for Jaynes, and $7500 in fines for DeGroot for violating Virginia's anti-spam laws. Read the article at The Washington Post (registration required).

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MPAA to Sue P2P Movie File Sharers
By Elliot Zimmerman on Thursday, November 04, 2004 - 09:53 PM
CyberLaw
The Motion Picture Industry of America is getting to ready to launch a series of copyright infringement suits against illegal P2P movie file sharers. Videotaped copies of films in theaters often are digitized or burned off DVDs and then distributed on file-sharing networks accessed with software programs like eDonkey, Kazaa and Grokster. Read the article at U.S.A. Today.

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CyberLaw Offices

Elliot Zimmerman, P.A.

Attorney At Law
Board Certified Intellectual Property Lawyer

Board Certified Intellectual Property Lawyer

1776 N. Pine Island Road, Suite 224
Plantation, Florida 33322
In Fort Lauderdale, Broward County, Florida, call (954) 565-6996
In Boca Raton, Palm Beach County, Florida, call (561) 989-9990

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CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.


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Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.

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Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough. By using this web site you agree to abide by our Terms of Use and Privacy Policy. Advertisement.

Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 1776 N. Pine Island Rd., Ste. 224, Plantation, Broward County, FL 33322, Phone: 954.565.6996, Email: legal@cyberlaw.info.

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