JOUR 302 Lecture Notes - Lecture 12: Lanham Act, Federal Reporter, Stored Communications Act
Document Summary
Virgin records am, inc. v thomas (formally capitol records v. thomas) Against thomas who downloaded 1700 (only 24 could be proved) songs and made them available on kazaa file sharing software for users to copy. Virgin had agreed to settle for and not go to court but she didn"t want to. Went to new trial for . 2 million. First trial was repealed because jury didn"t follow instructions. She lost but couldn"t afford to pay the settlement anyways. Freelancer"s articles for collections of story on subject matter. Then stories stored in lexus database and used for single story searches or as part of another collective work. However, this wasn"t part of original agreement and were supposed to pay for other uses. Writers were awarded million in backlogged earnings. Uspto denied under the lanham act because it is disparaging to asians. Supreme court overruled under the 1st amendment. Can"t restrict speech because you don"t like what they say.
