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苹果卷入17亿美元侵权专利案件

编辑:admin 2014-03-20 11:52:36 浏览:666  来源:元器件交易网

  元器件交易网讯  3月20日消息,据外媒报道,南部卡罗莱纳州罗兰 钱伯斯(Roland Chambers)对苹果、亚马逊和CD Baby提起侵权诉讼。钱伯斯期望苹果赔偿更多的金额17.3586亿美元。

  根据提交给法院的文件显示,原告罗兰·钱伯斯对于这种情况下的侵权提出了他的“事实指控”,如下:“大约在2001年7月,原告向被告# 3(CD Baby)提供了五个光盘包括12个原创作品的录音和两个唱片封面艺术作品。

  CD Baby的合同包括只负责五个光盘分发,不能盗版,如果没有售出无仓库存储费用、没有版权转移权。

  原告发现光盘在2014年3月仍在销售,并以不同的格式和说明需求以及不同的付款方式,数量已经超出法定生产数量。

  亚马逊网站包括美国、西班牙、意大利、德国、印度、法国、日本、丹麦都销售光盘并允许第三方继续出售受版权保护的材料。

  苹果公司没有经过任何同意和许可,提供访问数字格式的12个原创作品。这不仅是非法提供,而且促进数字盗版蔓延到其它网站。在2000年至2002年,只有三个首歌曲可通过Garageband.com在线使用。其它9首歌没有原创人名。

  他要求苹果赔偿17.3586亿美元,亚马逊和CD BAby各赔偿17.355亿美元,总计52.0686亿美元。但三个被告拒绝提供赔偿。

  (元器件交易网董蕾 编译)

  外媒原文如下:

  Roland Chambers from South Carolina has filed a copyright infringement lawsuit against Apple, Amazon and CD Baby over 12 original pieces of copyrighted sound recordings and two pieces of original artwork for the album cover. Chambers is looking for Apple to pay the larger amount. In total, the plaintiff is seeking an insane amount of over 5.2 billion dollars. I don't think that the Rolling Stones entire collection would cost that much. Then again, everyone has the right to have their day in court. 

  The Factual Allegations Filed in the Complaint

  According to the document filed with the court, the Plaintiff Roland Chambers presented his "Factual Allegations" regarding this case of copyright infringement, as follows: "On or about July of 2001, Plaintiff provided Defendant #3 (CD Baby) with five compact discs including 12 original pieces of copyrighted sound recordings and two pieces of artwork for the album cover.

  In consideration for the compact disc, CD Baby (Defendant #3) executed a consignment only contract, which included distribution of the five discs sent only, no reproduction clause, warehouse storage fees if not sold, and no ownership transfer of copyright.

  *A true and correct copy of the Note is attached hereto as Exhibit "A" [see this in part below]

  No payment was reported or issued to plaintiff for any of the five discs.

  Plaintiff discovered the compact disc were still selling in March 20l4 (beyond the quantity ever legally produced) and in various formats and demanded explanation, as well as payment.

  CD Baby was to distribute disc and not authorized to create any reproductions; however, more than five discs exist today, and CD Baby is only definitely aware of the whereabouts of one (1) disc. A representative states one (1) disc was sold and (3) were likely recycled/destroyed. This leaves one more disc unaccounted for prior to counterfeit units being placed on the market

  Amazon.com, including not only the U.S. Website, but domains in Spain, Italy, England, Germany, India, France, Japan, Denmark, and several more are actively selling disc and allowing third party sellers to continue selling copyrighted material not owned, and likely counterfeit based on disc produced, even as of 03/16/2014. This is after multiple take-down request made electronically online and by hard copy via mail.

  Apple Inc. has without any consent or permission provided access to 12 pieces of work in digital formats. These were not only illegally provided and spread to other websites that promote digital piracy, but only three (3) of the 12 songs were available online through Garageband.com for a short period in 2000-2002. These three (3) pieces were not available for download, but only for streaming to poll the audience. The other nine songs were converted without the knowledge of the copyright owner.

  To the filing of this action, Defendants # l (Apple), #2 (Amazon) and #3 (CD Baby) have failed and refused to provide payment resolution for the illegal use of registered copyrighted materials over the last 14 years.

  Defendants are therefore in breach of the Copyright Act for Sound Recordings (physical), Digital Millennium Copyright Act, and the Exclusive Reproduction Rights the Plaintiff has as the copyright owner.

  What Judgment Roland Chambers Seeks from the Court

  If Apple and the other Defendants are found guilty, Plaintiff Roland Chambers is asking the judge to grant him the following judgment:

  1.The demand amount of $5,206,860,000.00 plus interest at the rate of 2.5% from March 14, 2014 until judgment is entered.

  2.The demand amount for each defendant that amounts to the above mentioned amount is: Apple Inc. $1,735,860,000.00, Amazon.com Inc. $1,735,500,000.00 and CD Baby $1,735,500,000.00, which totals to the total demand amount of $5,206,860,000.00

  3.Explanation for demand is included.

  4.Reasonable attorneys' fees and costs of suit herein incurred, as well as further relief as the court may deem proper is also requested.

  Just in case you're thinking that the amount that we listed above is a typo, the Plaintiff's exhibit illustrated below confirms that it's not.

苹果卷入17亿美元侵权专利案件0

  For the record: The red arrow noted at the top of the document illustrated above was added by Patently Apple to show this accounting was focused on the part pertaining to Apple alone. The green highlight at the bottom of the document was part of the document filed with the court that was made available to the public.  

  The copyright infringement case presented in today's report was filed in the South Carolina District Court, the Columbia Office in Richland. The case was assigned to the Honorable Joseph F Anderson, Jr and referred to Magistrate Judge Paige J Gossett.

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