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EMI Christian Music Grp., Inc. et al. v. MP3tunes, LLC

(United States Second Circuit) - In a copyright infringement action brought by record companies and music publishers against internet music services that allowed users to search for free music, dealing with the requirement of the Digital Millennium Copyright Act (DMCA) safe harbor that an internet service provider adopt and reasonably implement a policy to terminate repeat infringers, under 17 U.S.C. section 512, the District Court's grant of partial summary judgment in favor of defendants and decision overturning a jury verdict in favor of plaintiffs is: 1) vacated as to partial summary judgment to the defendants based on the conclusion that defendant qualified for safe harbor protection under the DMCA because the District Court applied too narrow a definition of 'repeat infringer'; 2) reversed as to judgment as a matter of law to the defendants on claims that defendant permitted infringement of plaintiffs' copyrights in pre‐2007 MP3s and Beatles songs because there was sufficient evidence to allow a reasonable jury to conclude that defendant had red‐flag knowledge of, or was willfully blind to, infringing activity involving those categories of protected material; 3) remanded for further proceedings related to claims arising out of the District Court’s grant of partial summary judgment; and 4) affirmed in all other respects.




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EMI Christian Music Grp., Inc. et al. v. MP3tunes, LLC

(United States Second Circuit) - In an amended opinion involving a copyright infringement action brought by record companies and music publishers against internet music services that allowed users to search for free music, dealing with the requirement of the Digital Millennium Copyright Act (DMCA) safe harbor that an internet service provider adopt and reasonably implement a policy to terminate repeat infringers, under 17 U.S.C. section 512, the District Court's grant of partial summary judgment in favor of defendants and decision overturning a jury verdict in favor of plaintiffs is: 1) vacated as to partial summary judgment to the defendants based on the conclusion that defendant qualified for safe harbor protection under the DMCA because the District Court applied too narrow a definition of 'repeat infringer'; 2) reversed as to judgment as a matter of law to the defendants on claims that defendant permitted infringement of plaintiffs' copyrights in pre‐2007 MP3s and Beatles songs because there was sufficient evidence to allow a reasonable jury to conclude that defendant had red‐flag knowledge of, or was willfully blind to, infringing activity involving those categories of protected material; 3) remanded for further proceedings related to claims arising out of the District Court’s grant of partial summary judgment; and 4) affirmed in all other respects.




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Trader Joe's Co. v. Hallatt

(United States Ninth Circuit) - In a trademark infringement action, arising after defendant purchased Trader Joe's goods in the United States and resold them at a mimic store in Canada, the district court's dismissal of plaintiff's Lanham Act claims is reversed where: 1) the extraterritorial application of the Lanham Act is a question as to the merits of a trademark claim instead of federal courts' subject-matter jurisdiction; and 2) Trader Joe's alleges a nexus between defendant's conduct and American commerce sufficient to warrant extraterritorial application of the Lanham Act.




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Grayson O Co. v. Agadir Int'l LLC

(United States Fourth Circuit) - In a trademark and unfair competition action brought by a haircare product manufacturer and holder of a registered trademark against a competitor haircare product manufacturer, the district court's grant of summary judgment in favor of defendant is affirmed where plaintiff failed to show the marks were likely to be confused.




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♥ La Machine Coeur' ♥

#architektura #architekt #dom #design




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Vectorworks 2020 SP3.1 x64

#architektura #architekt #dom #design




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Ousted POTUS administration scientist teared up while ripping the slow coronavirus response: "We could've done something and we didn't" : Coronavirus

r/Coronavirus: In December 2019, a novel coronavirus strain (SARS-CoV-2) emerged in the city of Wuhan, China. This subreddit seeks to monitor the …




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lana del rey - summertime sadness (sxade synthwave remix) | 80s [legendado/tradução] - YouTube




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best-gaming-desks.jpg (736×508)




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Criticidades» Archivo del BlogValor y negación del Nirvana. Sin fase uno. - Criticidades

via Criticidades https://ift.tt/1RabwUr




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Brandon Smith's Website




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Solve the Rubik's Cube (3x3) | You CAN Do the Rubiks Cube

I got to MIDDLE by myself, but now I'm fucking stuck and I have decided (because of Linear Algebra) that I fucking hate all math for all time and hate life and the universe because I hate math so much and I am angry that I suck so bad at math and that there is so much terminology and minutia, all of which leading to absolutely nothing. It infuriates me. Thus the Rubiks also infuriates me. I am going to quit computer programming because of this. I am too old for this shit. Maybe I should leave my wife too, and run away from home. This whole life is getting me really down right now.




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Cruising Van Nuys in the summer of '72 [B&W photoessay that evokes the era]




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(500) https://www.washingtonpost.com/local/legal-issues/justice-dept-moves-to-void-michael-flynns-conviction-in-muellers-russia-probe/2020/05/07/9bd7885e-679d-11ea-b313-df458622c2cc_story.html

RT @mrbromwich: I have been in and around DOJ since 1983. I have never seen a case dropped after someone has pled guilty and the underlying facts demonstrate beyond any shadow of a doubt he is guilty. This is simply a pardon by another name. A black day in DOJ history.




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Bayesian Data Analysis, 3rd Edition [pdf]

https://news.ycombinator.com/item?id=23091359




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ongoing by Tim Bray · Responses

Responses




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Code Review of Ferguson's Model – Lockdown Sceptics




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Health experts don't understand how information moves | The Atlantic

If the authorities can’t satisfy the public’s desire to know more, others will fill the void with misinformation. Carl Bergstrom, professor of biology at the UW, is mentioned.




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'What are we doing this for?': Doctors are fed up with conspiracies ravaging ERs

"I left work and I felt so deflated," one doctor said about an effort to counter misinformation he saw on Facebook. "I let it get to me."Breaking News EmailsGet breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings.




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America's Racial Contract Is Showing - The Atlantic

Six weeks ago, Ahmaud Arbery went out and never came home. Gregory and Travis McMichael, who saw Arbery running through their neighborhood just outside of Brunswick, Georgia, and who told authorities they thought he was a burglary suspect, armed themselves, pursued Arbery, and then shot him dead.




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ongoing by Tim Bray · Bye, Amazon

Bye, Amazon




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Winners of Tickets to André Rieu’s 2016 Maastricht Concert in Cinemas

Rivalling One Direction-ers in devotion, Australian fans of the musical maestro André Rieu are set to again be wowed at the cinema screenings of his 2016 Maastricht concert.




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European Tour suspends ticket sales for 2020, postpones Garcia's event




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Team USA labels report of Ryder Cup postponement 'inaccurate'




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CEO 'fully prepared' for PGA Championship to be played without fans




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Harrington: Ryder Cup 'will not go ahead without spectators'




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PGA exploring 'virtual fan experience' for possible spectator-free Ryder Cup




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McIlroy 'would much rather' delay 2020 Ryder Cup than play without fans




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Harrington: Ryder Cup may need to 'take 1 for the team' without fans




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World No. 39 earns $98.57 in Florida mini-tour event




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McLaren boss: 'Very fragile' F1 could lose up to 4 teams




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Pirelli's Hembery: F1's plan to race in July 'desperate and misguided'




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TF3 Ltd. v. Tre Milano LLC

(United States Federal Circuit) - Reversed a finding of patent claim invalidity relating to patent claims for a hairstyling device. In reversing, the Federal Circuit held that the Patent Trial and Appeal Board erred in holding, on inter partes review, that the patent claims were invalid on grounds of anticipation and that the Board had mistakenly construed the claims more broadly than the description in the patent specification merited. On the correct claim construction, the Federal Circuit held that the claims were not anticipated.




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Anatomy of a Classic Goal: Ronaldo's bicycle kick vs. Juventus




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UEFA will determine UCL qualifiers on 'sporting merit,' not coefficients




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The worst-ever signings for Europe's biggest clubs




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There's a war brewing between soccer players and administrators




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5 soccer documentaries we'd love to see




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FC Koln squad tests negative for COVID-19 following 3 positive cases




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German soccer identifies 10 coronavirus cases at 36 clubs




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Examining the most glaring transfer needs for Europe's biggest clubs




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Sampdoria seeking 10% of Fernandes' £47M transfer to Manchester United




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Anatomy of a Classic Goal: Bergkamp's pirouette vs. Newcastle




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Leicester City's iconic 2016 title run was beautiful and surreal




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Di Maria's wife blasts 'horrible' Manchester in remarkable rant




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Walker feels 'harassed' after scrutiny over family visit during lockdown




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Ranking every goal that's won the Puskas Award




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Solskjaer: United stars shouldn't play if they're not 'mentally ready'




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Bundesliga relegation odds: Who's headed down?




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US v. O'Donnell

(United States First Circuit) - Conviction for bank fraud under 18 U.S.C. section 1344 is affirmed where defendant was aware that Countrywide Bank, FSB was involved in approving the loan he sought to obtain through fraud, and so possessed the specific intent to defraud a financial institution required by the statute.



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