The safe-harbor provisions of the DMCA do not protect VR companies from trademark claims, but by analogy to general trademark infringement cases (such as Tiffany v. eBay), the VR companies should be protected from contributory infringement claims as long as they either are not aware of the conduct or take actions to remove the infringing content if they become aware of it.
Mr. Fairey filed suit against The A.P. last year seeking a judge's declaration that his poster was protected from copyright infringement claims.
Under current safe harbour laws, these sites are protected from copyright infringement prosecutions as long as they remove any copyrighted material when notified by the rights owners.
The language and history of the Ninth Amendment reveal that the Framers of the Constitution believed that there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight constitutional amendments.
How do you make sure that your digital property remains safe and is protected from copyright infringement and reverse engineering?
In fact, not only are states themselves protected from patent infringement accusations by the 11th Amendment, so too are any other governmental entities that are considered "arms of the state".
YouTube has fended off a $1bn lawsuit from the entertainment company Viacom, after a US judge ruled that the video site was protected from being sued for copyright infringement under US law.
George Freeman, vice president and assistant general counsel for the Times Company, said on Friday that while the media companies were sensitive to copyright and the need to protect writers from infringement of their work, this was not such a case.
That leaves the labour required to sustain the ruling regime: you could be one of the lucky few who gets to write the software, or an intellectual property lawyer who protects it from infringement, or a cop who disciplines the large numbers of desperate people who are too poor to pay for it.
If independent record labels are to adopt the service, this feud raises concerns about how companies with shallower pockets could possibly fight to protect themselves from infringement as well.
