846 F. Supp. 208 - Microsoft Corp. v. Harmony Computers & Electronics, Inc.’s Empirical Analysis
1994
Citation profile
4 federal appellate · 3 district ·
How this case has been cited
Cited by 26 later decisions — most recently February 2016 · most notably Incorporated v. Zeidenberg, United States Court of Appeals, Second Circuit (1995)
4 federal appellate · 3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 109 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 410 (§ 101 of the Copyright Act of 1976)
Relies on Apple Computer, Inc. v. Formula International Inc. · Hasbro Bradley, Inc. v. Sparkle Toys, Inc. · Sos Inc v. Payday Inc · The Platt & Munk Co., Inc. v. Republic Graphics, Inc., the Platt & Munk Co., Inc. v. Playmore, Inc., Lederer Industries, Inc. And J. C. Boyan Associates, Inc. · Bourne Co. v. Tower Records, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[E]ven an unwitting purchaser who buys a copy in the secondary market can be held liable for infringement if the copy was not the subject of a first sale by the copyright holder. See American Int’l Pictures, Inc. v. Foreman, 576 F.2d 661, 664 (5th Cir.1978). Thus unless title to the copy passes through a first sale by the copyright holder, subsequent sales do not confer good title.”
1 later decision quote this exact passage · from the majority“(a) Notwithstanding the provisions of section 106(3), the owner of a particular copy... lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy....”
1 later decision quote this exact passage · from the majority“establish the chain of title to show that their authority to sell golf clubs with Taylor Made trademarks stems from the trademark holder, Taylor Made.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.