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They said allowing property rights owners to direct payment companies like Visa and ad networks like Google's to stop doing business with sites they deemed infringing — with no penalties if they were proved wrong— could stymie legitimate online expression.
That case hinged on design patent infringement, which allows for a remedy of disgorgement of "total profits," damages from the entire product which was deemed infringing.
Professor Jessica Litman, Michigan Law School:"Copyright Liberties" In this talk, Professor Litman challenged the conventional paradigm of copyright statutory interpretation, under which unlicensed uses of copyrighted works are deemed infringing unless excused.
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Meanwhile, Apple asked for an increase in the damages award — and for a permanent ban on the U.S. sales of eight Samsung smartphones the jury deemed infringes its patents.
Private parties must first get a court order to block business with a Web site they deem infringing on their copyrights.
(They might look, for starters, at the suggestions in Wednesday's Times editorial: "The legislation could be further amended to narrow the definition of criminality and clarify that it is only aimed at foreign sites. And it could tighten guarantees of due process. Private parties must first get a court order to block business with a Web site they deem infringing on their copyrights").
A potentially more effective remedy would be the industry's work with Microsoft, which wants the right to pry into its customers' computers and delete or disable material that it deems infringing.
In Britain, copyright holders can seek court orders to force ISPs to block access to sites they deem as infringing copyright.
Still, they are deemed to infringe copyright if the importer has imported into Canada works that would have infringedcopyright if those works had been made in Canada by the persons who made the works abroad.
It allows sites deemed to infringe privacy to be removed for 24 hours without a court order and requires internet service providers to register with a new regulatory body.
This additional complexity could also make later enforcement of the design more difficult, because the added complexity makes it is less likely that a competitor's design will be deemed to infringe (meaning that the two designs have substantially the same overall visual impression).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com