Lutzker & Lutzker LLP

UCLA Video Streaming Case Updated: Second Amended Complaint Filed

admin — Tue, 25 Oct 2011 04:16:16 +0000

In the UCLA video streaming case, on October 5, 2011 Judge Consuelo Marshall granted UCLA’s motion to dismiss the case, in an opinion primarily grounded on her view that sovereign immunity shields UCLA from suit and that AIME does not have standing to sue on behalf of its members. Thus the judge’s order did not definitively address the fair use and other substantive copyright issues at the heart of the suit. The order also permitted the plaintiffs to amend their complaint to add additional factual support for certain of the allegations. Accordingly on October 24, 2011 Lutzker & Lutzker filed a second amended complaint with expanded allegations as to the injury caused to AIME itself as an association by UCLA’s activities and the specific involvement of top UCLA officials in the decision to stream the Ambrose videos, as well as detailed allegations as to how the Video Furnace technology used by UCLA to stream the videos violated each of the exclusive rights of Ambrose as copyright owner. UCLA will now have an opportunity to respond to the second amended complaint, following which the judge will issue a new decision. See second amended complaint and exhibits Part 1, 2, and 3.

Lutzker Blog Update: Arnie Lutzker Teaching UMUC Course

admin — Mon, 03 Oct 2011 22:34:26 +0000

Arnie Lutzker is currently teaching a month-long distance learning course for the Center for Intellectual Property Management of University of Maryland’s University College entitled “Copyright, Photos, Video, Art & Multimedia.” See the blog for more about the course.

Arnold and Susan Lutzker Publish Article on Patents for Educators

admin — Fri, 30 Sep 2011 22:27:19 +0000

The lead article in the Fall 2011 edition of the AIME newsletter by Arnold Lutzker and Susan Lutzker, “Patents: A Brief Primer,” discusses the third prong of intellectual property protection (the other two being copyrights and trademarks) and their broad impact on the tools and processes of learning. The article focuses both on legislative reform (the sweeping “America Invents Act” signed into law by President Obama on September 16); recent high-stakes lawsuits (such as the ongoing battle between Apple’s iPad and Samsung’s Galaxy to capture the tablet market); and big-dollar defensive patent strategies being adopted by major tech companies in the face of challenges that are certain to arise (for example, Google’s victory in a high-stakes bidding war to buy Motorola Mobility, a dedicated Android partner, for $12.5 billion).

Lutzker Blog Update: Susan and Arnie Lutzker Attend INBLF Meeting in Paris

admin — Thu, 22 Sep 2011 22:34:16 +0000

Arnie and Susan Lutzker have just returned from Paris, where they participated in the annual conference of the International Network of Boutique Law Firms (INBLF). See the blog for more on the conference.

Lutzker & Lutzker Client MyBlockNYC Featured in MoMA Exhibition

admin — Sat, 13 Aug 2011 00:14:42 +0000

MyBlockNYC.com, a just-launched interactive video mapping website, is featured in “Talk To Me: Design and Communication Between People and Objects,” a new exhibition at New York’s Museum of Modern Art. Co-created by New York natives Alex Kalman and Alex Rickard, the site incorporates user-submitted videos to bring to life a block by block interactive map of the Big Apple, allowing viewers to create an intimate and constantly evolving portrait of New York City. Through the MoMA exhibition visitors can explore the site on a 40-inch touch screen kiosk and then, if they are so inclined, shoot their own video outside, upload it to the site and have their footage become part of the MoMA exhibition. The project also includes partnerships with New York City public schools, allowing students to learn filmmaking using a MyBlock curriculum and focusing on their own neighborhoods. Lutzker & Lutzker has provided intellectual property support for the innovative new venture, which will soon include mobile apps as well as the website. The MoMA exhibition, on view until November 7, 2011, “focuses on objects that involve a direct interaction, such as interfaces, information systems, visualization design, and communication devices, and on projects that establish an emotional, sensual, or intellectual connection with their users.”

Arnold Lutzker Publishes Article on “John Doe” Lawsuits to Stop Illegal Movie Downloads

admin — Sat, 23 Jul 2011 00:14:09 +0000

The lead article in the Summer 2011 edition of the AIME newsletter by Arnold Lutzker, “John Doe Lawsuits: A Club Against a Torrent of Movie Downloads,” discusses the new flurry of litigation by movie companies taking on users of the popular file-sharing software Bit Torrent in an attempt to stop the illegal downloading of movies. The term “John Doe” lawsuits refers to the fact that the suits are filed against defendants who are only identifiable by their IP address, not their names. Using a technique pioneered by the Recording Industry of America (RIAA) in the early 2000s and validated in the courts, once the case is filed, the copyright plaintiffs obtain the actual identity of the subscribers via subpoenas to the online service providers (e.g. cable systems and phone companies). Once the identities are established, names of people replace “John Does,” and the plaintiffs try to extract a financial settlement and a promise to quit the practice. The article discusses the copyright theory of the cases and their possible outcomes.

Lutzker & Lutzker Attorneys Admitted to U.S. District Court for the District of Maryland

admin — Tue, 19 Jul 2011 17:37:14 +0000

Arnold Lutzker, Susan Lutzker and Jeannette Carmadella were admitted on July 15, 2011 to the bar of the United States District Court for the District of Maryland. Allison Rapp, who was admitted to practice before the Court in 2009, sponsored their admission. Judge Benson Legg presided over the Baltimore ceremony, which included a personal introduction by the sponsor of each attorney proposed for admission.

UCLA Video Streaming Case Updated: Opposition to Motion to Dismiss Filed

admin — Fri, 22 Apr 2011 17:25:14 +0000

In the UCLA video streaming case, following Lutzker & Lutzker’s filing of an amended complaint detailing additional claims, UCLA renewed its motion to dismiss the case on numerous grounds, including state sovereign immunity. Lutzker & Lutzker filed an Opposition to UCLA’s motion, setting forth extensive arguments as to why the case should go forward. In particular, our brief claims that UCLA expressly waived its sovereign immunity in its license agreement with Ambrose Video Publishers. The brief also argues that UCLA’s attempt to hide behind sovereign immunity while at the same time arguing that the copyright law preempts Ambrose’s state law claims violates the Fourteenth Amendment by depriving Ambrose of its property without due process of law. The Opposition also attacks UCLA’s defense of fair use as being ultimately unsustainable as well as an entirely inappropriate basis for dismissal at the pleading stage. A hearing on the motion to dismiss will be held in early May.

Lutzker Blog Update: Arnie and Susan Lutzker Attend INBLF European Summit in Istanbul

admin — Thu, 21 Apr 2011 16:42:50 +0000

Arnie and Susan Lutzker have just returned from Istanbul, where they participated in a meeting of representatives of European member firms of the International Network of Boutique Law Firms (INBLF). The focus of the meeting was marketing INBLF as a global law firm to existing and potential clients. While in Istanbul Arnie and Susan had a reunion with works of art at the Topkapi Palace which they had brought to the US in 2000-2001, saw their exhibit poster hanging in the Palace, and met with the exhibit’s Turkish curator. See the blog for more on the trip.

Arnold Lutzker and Susan Lutzker Publish Article on Impact of Supreme Court COSTCO v. OMEGA Copyright Decision for Schools and Libraries

admin — Fri, 01 Apr 2011 17:19:42 +0000

The lead article in the Spring 2011 edition of the AIME newsletter by Arnold Lutzker and Susan Lutzker discusses the meaning for schools and libraries of the Supreme Court’s equally divided decision on the first sale doctrine in Costco v. Omega. The Court affirmed the Ninth Circuit’s decision that mega-retailer Costco infringed Omega’s design in watches manufactured in Switzerland when it imported and sold them in the United States. But, because the decision was a 4-4 split, the holding that the first sale doctrine does not apply to copies of works manufactured abroad is only binding in the Ninth Circuit. Nevertheless, other Courts of Appeal will likely agree, and schools and libraries need to rethink certain widespread practices, such as buying and importing cheaper foreign editions of textbooks.