In Uemura's case against Sakurai, the Sapporo district court found that Kim's three separate testimonials were consistent enough to justify assuming that they accurately described what Kim had gone through.
The District Court implicitly accepted this approach: It agreed with plaintiffs that the events that formed the basis for the 2 monopolization claim"warrant[ed] additional liability as an illegal attempt to amass monopoly power in'the browser market.'.
The district court further determined that plaintiffs' exclusive rights under§ 106 were violated:"here the evidence establishes[1014] that a majority of Napster users use the service to download and upload copyrighted music….
The District Court expressly found that"no employee of Sony, Sonam or DDBI had either direct involvement with the allegedly infringing activity or direct contact with purchasers of Betamax who recorded copyrighted works off-the-air.".
The district court also concluded that the law does not require knowledge of‘specific acts of infringement' and rejected Napster's contention that because the company cannot distinguish infringing from noninfringing files, it does not‘know' of the direct infringement.”.
After reviewing the ICP agreements, the District Court specifically stated that“there is not sufficient evidence to support a finding that Microsoft's promotional restrictions actually had a substantial, deleterious impact on Navigator's usage share.”.
Microsoft's argument fails because, even assuming that the software market is uniquely dynamic in the long term, the District Court correctly applied the structural approach to determine if the company faces competition in the short term.
Microsoft argues that, because middleware could usurp the operating system's platform function and might eventually take over other operating system functions(for instance, by controlling peripherals), the District Court erred in excluding Navigator and Java from the relevant market.
Finally, Microsoft argues that the District Court should not have considered the applications barrier to entry because it reflects not a cost borne disproportionately by new entrants, but one borne by all participants in the operating system market.
地裁は伝統的な4要素テストを列挙したが(275F.Supp.
Although the District Court recited the traditional four-factor test,
We address Napster's remaining arguments:(1) that the court erred in setting a $5 million bond, and(2) that the district court should have imposed a constructive royalty payment structure in lieu of an injunction.
The District Court found Microsoft liable on the s 1 tying and s 2 monopoly maintenance and attempted monopolization claims, Conclusions of Law, at 35-51, while ruling that there was insufficient evidence to support a s 1 exclusive dealing violation, id. at 5154.
The District Court found, however, that neither Navigator, Java, nor any other middleware product could now, or would soon, expose enough APIs to serve as a platform for popular applications, much less take over all operating system functions.
While the District Court did not enter precise findings as to the effect of the First Wave Agreements upon the overall distribution of rival JVMs, the record indicates that Microsoft's deals with the major ISVs had a significant effect upon JVM promotion.
Whatever middleware's ultimate potential, the District Court found that consumers could not now abandon their operating systems and switch to middleware in response to a sustained price for Windows above the competative level.
The court distinguished TS Tech on this basis, stating that TS Tech appeared to be emphasizing the“physical nature of the evidence at issue”(e.g., the headrests) rather than electronic evidence.
The district court foundthe Virtual Game Station does not play PlayStation games as well as the PlayStation console, and that although the Virtual Game Station's packaging contains a disclaimer to this effect,"game players do not comprehend this distinction.".
The district court ruled, however, that the Virtual Game Station was not transformative on the rationale that a computer screen and a television screen are interchangeable, and the Connectix product therefore merely"supplants" the Sony PlayStation console.
Nevertheless, the court concluded that because techniques for performing those conversions were known to those of skill in the art at the time the application was filed, a person of skill in the art would understand software to be a corresponding structure for the converting function.
Courts have found implied licenses only in“narrow” circumstances where one party“created a work at[the other's] request and handed it over, intending that[the other] copy and distribute it.”.
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