ipl-logo

Hendrickson Vs Amazon Case Summary

560 Words3 Pages

Summary judgement from the United States District Court for the Central District of California, Western Division judging in favor of Amazon.com Inc. (“Defendant”) at trial.
Hendrickson (“Plaintiff”) notified Amazon.com (“Defendant”) that all digital video disc copies of his movie, Manson, infringed on his copyright of the movie. Later on, Hendrickson then saw a DVD copy of Manson on Amazon being sold by a third party seller that was recently posted. He bought the copy of the DVD and received an automatic email confirming his purchase. Hendrickson believes that Amazon committed copyright infringement because it sold the DVD. Plaintiff asserts direct copyright infringement against Amazon and the third party seller and vicarious copyright infringement …show more content…

A plaintiff must provide evidence that the defendant was a direct seller of the infringing item. In a summary judgement the defendant must prove that there is no evidence in the claim that they are a direct seller.

2. An ISP under the DMCA is entitled to the safe harbor affirmative defense against a claim of vicarious copyright infringement if it establishes that it does not know that the material on the system/network is infringing, they do not receive a financial benefit from infringing activity, and when notified of the infringement they remove or disable access to the material.
Application of Law:
1. The plaintiff should provide evidence that the company was a direct seller of the DVD. The evidence of “sales” documents and an automated email are not sufficient evidence to prove that Amazon is a direct seller of the DVD. The documents presented were website pages used by the seller and buyer during the purchase. The email was automated and was a notification to the buyer of the purchase. These acts make Amazon an internet service provider as they provided online services to the buyer and seller. The third party as an individual was the one to commit direct copyright infringement. Therefore, there is no evidence that Amazon is a direct seller and committed direct copyright

Show More
Related
214 Words | 1 Pages

Nature of the Case: The amount of damages owed to a wrongfully discharged employee, when the promising entity chooses to not hold up their end of the contract instead attempting to mitigate the potential damages with an offer of employment in a lesser project. Facts: The Plaintiff, actress Shirley Maclaine was contracted with the defendant to perform in a musical called “Bloomer Girl”. However the defendant, Twentieth Century-Fox chose not to produce the film instead choosing to produce a western titled “Big Country, Big Man”.

Read More
1318 Words | 6 Pages

(Plaintiff) v. John Zucchini (Defendant) Jury Instructions and Verdict Form Elements of the Case Under the Anticybersquatting Consumer Protection Act the plaintiff has to show the following two things. 1. The defendant John Zucchini registered, trafficked in, or used a domain that is confusingly similar to a famous mark. 2.

Read More
510 Words | 3 Pages

Their concern was mainly on the jury being questioned loss of use damages, whether it was lawful for the trial court to allow and ignore their motion. They didn’t dispute the amount that was paid to Robert’s company but only them not be obligated to pay for any loss of use damages that Brueland insurance didn’t cover. J&D also appealed their case, commenting that it shouldn’t matter if the damages to property are partially or totally destroyed that loss of use stills

Read More
589 Words | 3 Pages

(Chicago-Kent College of Law, 2015)

Read More
815 Words | 4 Pages

The court adopted the buyer’s argument in part, holding that although sophisticated business parties have the freedom to contract out of a claim of rescission for unintentional contractual misrepresentations within a contract, “when a seller intentionally misrepresents a fact embodied in a contract—that is, when a seller lies—public policy will not permit a contractual provision to limit the remedy of the buyer to a capped damage claim. Rather, the buyer is free to press a claim for rescission or for full compensatory damages. ”111 So the ABRY case held that in acquisition agreements with exclusive remedy provisions, (1) a seller who makes a representation cannot limit its own liability when that seller intentionally misrepresents a fact, or “lies”, and (2) a seller not making the offending representation will be liable when that seller “knew that the Company’s contractual representations and warranties were

Read More
766 Words | 4 Pages

Let’s look at the legal options the chain store has the option to peruse. The chain store can take the defendant to court and request a quasi-contract to be proposed. A quasi-contract is where one of the parties may not have intended to enter into the contract but was perceived that way by another party, and a court comes in to put the contract into writing in the best interest of both parties (“Quasi-Contract,”n.d.). In this case, the store owner would get the product, and Mr. Stevens would have an extended deadline to produce the product. Another option would be to take them to court claiming promissory estoppel.

Read More
438 Words | 2 Pages

“The elements of tortious interference with contract are: 1) existence of a contract between plaintiff and a third party; 2) defendant’s knowledge of that contract; 3) defendant’s intentional interference with that contract; 4) breach of that contract by the third party; 5) resulting damages to the plaintiff.” Fraidin v. Weitzman, 93 Md. App. 168, 189 (1991) (citing Fowler v. Printers II, 89 Md. App. 448, 466 (1991). Moreover, “Maryland does not recognize a cause of action for negligent interference with prospective economic advantage.” Semtek Int’l, Inc. v. Lockheed Martin Corp., 2003 MDBT *4, *20 (J. Matricciani, Jr., publishing an opinion as persuasive authority while hearing a matter on the trial court’s business and technology

Read More
735 Words | 3 Pages

Thomas Robbins, the plaintiff, claimed that the information about him on

Read More
1011 Words | 5 Pages

Teresa's case was submitted to the jury on the counts alleging breach of contract, negligence and wantonness, and the tort of outrage.   The jury returned a verdict against Akins and in favor of both plaintiffs.   The jury assessed compensatory damages at $450,000 and punitive damages at $150,000, for a total of $600,000 in Megan's case; in Teresa's case, the jury assessed compensatory damages of $200,000 and punitive damages of $150,000, for a total of $350,000.”

Read More
722 Words | 3 Pages

Many states within the United States have passed online shopping sales tax laws which have been designed to compel Amazon and other e-commerce retailers to collect both state and local sales taxes from their customers. In 2011, it was noted that Amazon only collected sales tax from five states, however in April of 2017, it was said that the company must collect sales tax from consumers in all states that currently have sales taxes. ANALYSIS OF STRATEGIC FACTORS In a December 2011 article written by Forbes contributor, Venkatesh Rao, he states that “the company [Amazon] is nothing if not deliberate and systematic in everything it does.” Rao goes on to say, unlike the other big companies that symbolize our times – Google, Apple, Facebook and Microsoft, Amazon did not rise to power by inventing a new product or service.

Read More
805 Words | 4 Pages

The opinion piece published by the Los Angeles Times, “Amazon.com Is a 21st Century Deal with the Devil,” by Amy Koss states her central argument that Amazon is destroying jobs, malls, and stores in the outside world. I strongly disagree with the statement that Amazon is destroying jobs and stores because I believe Amazon brings convenience by allowing people to sell things they might not need that others do. According to Koss,” I also think that it is at the convenience of consumers who have a difficult time going outside because of a medical issue or if they’re just lazy because of the fact that they can order something and have it delivered to them in less than a few days with an even cheaper price tag. Online shopping on Amazon allows others to earn jobs as well because they might work from home and work for Amazon or they might deliver items to the consumer. Some people may even start their own online selling business on Amazon.

Read More
1264 Words | 6 Pages

The Republic of Korea, also known as an MEDC and an Asian Tiger, is an East Asian country constituting the southern section of the Korean peninsula. The majority of South Korean people lived in rural areas, living as farmers. After industrialization came into South Korea, urban life began. A capital city, Seoul’s population increased and South Korea experienced extremely fast and steady economic growth over time. Countries can be categorized into two different groups, MEDCs, and LEDCs.

Read More
2068 Words | 9 Pages

The court argued that Koon could have made the same statement without imitating Roger’s work. Koon had to pay compensation to Rodgers. CAN OR CANNOT PROTECT WORK AND

Read More
879 Words | 4 Pages

However, Amazon has advanced websites and high brand recognition that other competitors may not reach its level. ii) Threat of substitutes The book publishers can publish the books and distribute them directly to the public. iii) Power of buyers Amazon experiences a low buyer power since the book items can’t be bargained since the prices are fixed. iv) Bargaining power of suppliers

Read More
1105 Words | 5 Pages

Today, many people prefer to order products from Amazon instead of going to stores or malls. c. DESCRIPTION OF MY SUBJECT (AMAZON.COM): Amazon (Amazon.com) is the world’s largest online retailer and a prominent cloud services provider. The company was initially a book seller, then later it expanded to sell a wide variety of consumer goods and digital media as well as its own electronic devices, such as the Kindle e-book reader, Kindle Fire tablet and Fire TV, a streaming media adapter (Rouse, 2018).

Read More

More about Hendrickson Vs Amazon Case Summary

Related Topics

Open Document