Amazon, Oracle, Toshiba, Cipla: Intellectual Property Amazon Inc. (AMZN) cannot be held vicariously liable for copyright infringement done by its affiliates, a federal appeals court held Aug. 29. Sandy Routt claimed that some of the participants in Amazon’s affiliate-marketing program used her copyrighted photographs without her permission. She sued Amazon claiming the company was vicariously liable for its affiliates’ infringement, but a district court in Seattle dismissed her lawsuit. The unpublished opinion from the U.S. Court of Appeals for the Ninth Circuit found that an agreement Amazon has with its affiliates prohibits them from infringing on another’s copyright or trademark, and gives Amazon the right to monitor websites to ensure compliance. The “operating agreement gives Amazon some ability to affect the conduct” of its associates. The court held, however, that because Amazon couldn’t “supervise and control” the infringement, the company couldn’t be sued for vicarious liability. As a result, the appellate court upheld dismissal of the case. The case is Routt v. Amazon, Inc. No. 13-35237, U.S. Court of Appeals for the Ninth Circuit (San Francisco). Copyright Oracle Offered Reduced Damages Award or Retrial in SAP Case Oracle Corp. (ORCL), the U.S. software maker, lost a bid on Aug. 29 to reinstate a $1.3 billion damages [...] newsintx/amazon-oracle-toshiba-cipla-intellectual-property/
Posted on: Wed, 03 Sep 2014 07:02:55 +0000
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