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Chapter 11 Law Presentation
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Published on Nov 19, 2015
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1.
INJUNCTIONS
BY: NICK, GEORGE AND JOSH
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amitp
2.
DEFINITION OF INJUNCTION
A court order by which an individual is required to perform
or is restrained from preforming a particular act
A writ framed according to the circumstances of the case
it commands an act that the court regards as fair justice
Prohibits an act that is deemed contrary to good conscious
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cali.org
3.
TYPES OF INJUNCTION
Preliminary Injunctions
Preventive Injunctions
Mandatory Injunctions
Permanent Injunctions
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umjanedoan
4.
PRELIMINARY INJUNCTIONS
Called preliminary or temporary
Main objective is to immediate relief,
Cease further injuries, injustice,
And irreparable damages until the rights
Of parties have been remedied
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howard61
5.
PREVENTIVE INJUNCTIONS
A.K.A prohibitive or prohibitory
Directing an indivual to refrain from an act(s)
Prevents things such as: threats oj injury,
Restrains constant types of abuse
Cannot redress a consummated offence
Photo by
Chris Yarzab
6.
MANDATORY INJUNCTION
An injunction which demands a party to:
To do an affirmative act or
Mandates a specified course of conduct
Severe injun. Why judges avoid using them
Often to remove structures wrongfully placed
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USACE HQ
7.
PERMANENT INJUNCTION
Also known as a perpetual injunction
Is issued at the end of final judgement
This injunction must be the final relief of the case
Is perpetual if the instigation remains permanent
Preliminary is issued while lawsuit is pending
Photo by
Gary Denness
8.
REMEMBER LIMEWIRE?
Was a popular file sharing program
Shared files such as films, music, books
After it has been installed onto a PC:
User selects folder on their HD which
Contains files that can be shared with others
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jamesomalley
9.
LIMEWIRE CASE P1
LimeWire was sued for mass copyright infringement
Sued for mass copyright infringement
The RIAA (Recording Industry Association of America)
The RIAA made its case by selecting 1,800 random files
From LW, discovering that 93% were COP protected
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joe.ross
10.
LIMEWIRE CASE P2
LW produced a consistent user base 4mill/day
Billing in up to $20mill/year via premium users
District judge Kimba Wood gathered from these facts
that LW was encouraging users to commit COP infringement
Officially ruling in the RIAA's favour for a settlement on Jan/10
Photo by
joe.ross
11.
PERMANENT INJUNCTION
After the favourable RIAA ruling, 1 month later
The NMPA (National Music Publishers Association)
Sued LimeWire again for mass COP infringement
By October 26th 2010, Wood ordered an injunction
LW services shut down to prevent COP infringement
Photo by
Christopher Craig
12.
LIMEWIRE RULING
Date: Jan.2011 to see damages caused by LW
LimeWire was founded guilty, Mark Gorton held
Personally liable for the infringements
RIAA demanded $150,000 per COP infringement
Totalling up to $105 million, ending a 5 year case
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cali.org
13.
WORKS CITED PAGE
LimeWire case:
www.thembj.org/2010/12/limewire-to-the-wire/
www.techspot.com/news/43786-limewire-settles-court-case-with-riaa-for105-mi...
Websearch.about.com/od/torrentsearch/p/Limewire.htm
LimeWire injunction:
www.limewire.com
Download.limewire.com/injunction/injunction.pdf
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(vincent desjardins)
Nick Thompson
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