RCN Telecom Services is “secondarily liable” for direct copyright infringement under sections 106 and 501 of the Copyright Act and in violation of the Digital Millennium Copyright Act, alleged motion picture distribution company Screen Media Ventures (SMV) in a complaint Wednesday (docket 3:23-cv-23356) in U.S. District Court for New Jersey in Trenton.
The district court’s decision in the copyright infringement case against Internet Archive “puts copyright law at odds with the Constitution,” said the Copia Institute’s Dec. 22 amicus brief (23-1260) in support of IA's appeal before the 2nd U.S. Circuit Appeals Court.
Two of three negligence class actions filed last week against Comcast over an October data breach also included software provider Citrix, which notified the internet service provider Oct. 10 of the vulnerability in one of its products Comcast uses. Comcast began notifying its customers of the breach Dec. 18 after conducting an investigation into the scope of the incident and determining there had been “unauthorized access” to some of its internal systems as a result of the breach, said the complaints.
LG filed a counterclaim and third-party complaint Dec. 22 against a Florida marketing and promotions company that sued it in October in a breach of contract suit claiming the electronics company owed it “millions of dollars” for unpaid invoices (see 2310270007). LG’s counterclaim was attached to its motion to dismiss with prejudice (docket 2:23-cv-21528) GS Line’s (GSL) fraud suit against LG and its Mobilecomm subsidiary, and for an award of attorneys’ fees costs and other relief in U.S. District Court for New Jersey in Newark.
By obtaining, collecting and storing plaintiff Thomas Neeley’s personally identifiable information (PII), software company Zeroed-In assumed “equitable and legal duties” to safeguard it and use the information only for business purposes, “and to only make authorized disclosures,” said a class action Tuesday (docket 2:23-cv-01219) in U.S. District Court for Middle Florida in Fort Myers.
X's fraud case is not about defendants’ speech but their “audacious breaches" of legal obligations, said X's opposition Friday (docket 3:23-cv-03836) in U.S. District Court for Northern California in San Francisco to the November motion of the Center for Countering Digital Hate (CCDH) and its U.K. counterpart to dismiss X's July 31 complaint (see 2311200040).
A district court’s “merger of uses and failure to analyze each use individually harms libraries” and could impact libraries’ “longstanding, customarily permitted activities,” said an amicus brief Friday (docket 23-1260) from former and current law library directors, professors and academics in support of Internet Archive's appeal to the 2nd Circuit U.S. Court of Appeals.
A lower court’s ruling against the Internet Archive that books loaned via controlled digital lending (CDL) would replace the market for commercially licensed ebooks “was flawed,” said an amici brief Friday (docket 23-cv-1260) filed by nine library organizations and 218 librarians in support of defendant IA in its 2nd Circuit U.S. Court appeal.
Four more negligence class actions were filed late last week -- three in U.S. District Court for Eastern Pennsylvania in Comcast’s Philadelphia home jurisdiction, and another in a Florida district court -- involving the October data breach at Citrix Systems that allegedly affected as many as 36 million individuals. Last week, two cases were filed in Philadelphia federal court after Comcast began notifying customers Dec. 18 about the breach (see 2312210023).
ESO Solutions, a supplier of data management software to hospitals and first responders, waited three months to notify affected individuals about a data breach it learned of Sept. 28, alleged a class action Thursday (docket 1:23-cv-01557) in U.S. District Court for Western Texas in Austin.