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Legal memo see assignment criteria (uk civil law course) - Essay Example

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Law and Intellectual Property Firstname Lastname University Here Law and Intellectual Property Memorandum TO: Luke Skywalker FROM: Firstname Lastname DATE: April 5th, 2011 RE: Possible liability in the case of Mr. Ben Kenobi’s pictures being used by Jedi on a website hosted by Emperor, and competitors gaining access to Jedi’s secret formula on Empire’s data servers…
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Legal memo see assignment criteria (uk civil law course)
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Download file to see previous pages Brief Answer Yes, Mr. Kenobi is entitled to a fair royalty from Jedi and he also could seek a court injunction requiring his pictures to be removed from Jedi’s website until the royalty is received. Since i) Mr. Kenobi can prove that the pictures are his and ii) Jedi did digitally copy the pictures intentionally by deliberately uploading them onto Emperor’s server, this constitutes primary infringement. No, Mr. Kenobi is not entitled to any damages or royalties from Emperor. Since Empire is only providing a hosting service for Jedi’s website, Emperor did not directly nor intentionally copy the pictures, it simply received a copy of the pictures from Jedi through the rendering of a hosting service. This only constitutes secondary infringement and there was no intent to copy. Probably, Empire is liable to Jedi for the fair market value of the secret formula, unless specific damages had been outlined in the contract between them. Since Empire did not copy the information directly, it does not constitute primary infringement. ...
of their unregistered design right and could also seek a court injunction to not only prevent the further illegal use of their secret formula, but also have all products where their secret formula was illegally used recalled until the royalty is received. Statement of Facts This office is considering possible liability between Jedi, Emperor and Mr. Kenobi. Jedi has posted on its website (hosted by Empire) pictures reputed to belong to Mr. Kenobi. Despite Mr. Kenobi having threatened to sue both Jedi and Empire unless the pictures are removed, the pictures have remained on the website. This office is also considering possible liability between Emperor and Jedi. Although Jedi’s CEO had specified to Empire’s CEO that their data was sensitive, Mr. Maul and his team have incorrectly configured security permissions, resulting in 27 other Empire customers gaining access to data in Jedi’s account, including Jedi’s secret formula for their Light Saber Ultra-Pro shoes. This formula has been published shortly after on over 5,000 websites, and Jedi’s competitors have already begun manufacturing shoes using Jedi’s secret formula. Discussion It is unlikely that Mr. Kenobi will be awarded any damages, royalties or other compensation from Empire. Indeed, in order for such an award to be made, it must be established that i) Mr. Kenobi is the rightful owner of the rights to the pictures and that ii) the pictures have been copied by Empire without Mr. Kenobi’s permission or consent. While it is claimed that Mr. Kenobi can prove that the pictures are his, since Empire has also been involved in an involuntary breach of confidentiality regarding sensitive data belonging to Jedi (who uploaded the pictures), this raises the question of the legitimacy of Mr. Kenobi’s claim: are ...Download file to see next pagesRead More
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