Search for: ""fair use"" Results 3061 - 3080 of 10,402
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15 Aug 2016, 7:37 pm by Nikki Siesel
Then, the burden will shift and the respondent will need to show that (i) before any notice of this dispute, respondent used, or demonstrably prepared to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; (ii) respondent has been commonly known by the domain name, even if no trademark or service mark rights have been acquired; or (iii) respondent is making a legitimate noncommercial or fair… [read post]
12 Aug 2016, 2:45 pm by Karen Gullo
Court of Appeals for the Ninth Circuit last year sided in part with Lenz, ruling that that copyright holders must consider fair use before sending a takedown notice. [read post]
12 Aug 2016, 12:41 pm by Eric Goldman
Not surprisingly, this failed horribly: the settlement amounts were low (and many of the targeted defendants were judgment-proof); defendants had strong fair use defenses, even on a motion to dismiss; and eventually Righthaven started getting 505 fee shifts against it, putting its profit-meter into reverse. [read post]
12 Aug 2016, 10:30 am by Rebecca Tushnet
Licensing away fair use is permitted by case law. [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
[Sounds like TM fair use cases.] [read post]
11 Aug 2016, 10:25 am by Rebecca Tushnet
Questions: is fair use enough? [read post]
10 Aug 2016, 8:47 am
And rarely is it clear if the patent has any validity or fair use protection, especially with the growing legal cloud on the appropriate analysis for determining the validity of software patents. [read post]
7 Aug 2016, 9:45 pm by Florian Mueller
Simply put, the whole "fair use" analysis changes, especially with respect to market harm and "transformative" use.In its July 20 opposition filing, Google essentially argued that it had no obligation to make any disclosures regarding the Marshmallow/Chrome project because it had provided information regarding the Google App Runtime for Chrome (ARC). [read post]
5 Aug 2016, 6:00 am by Jessica Gutierrez Alm
” (Art. 18.20) Permits the provision of trademark exceptions, such as fair use. [read post]
4 Aug 2016, 12:35 pm by Rebecca Tushnet
The Copyright Office wants people to believe that copyright is a general right to control commercial exploitation, and that if cable companies want to cut deals with content providers trading away customers' fair use rights, the FCC has no business saying otherwise.http://tushnet.blogspot.com/feeds/posts/default? [read post]
4 Aug 2016, 12:19 pm by Eric Goldman
Finally, “edible arrangements” is a completely descriptive mark, so Provide has a powerful descriptive fair use argument. [read post]
3 Aug 2016, 11:36 pm by Mitch Stoltz
The Copyright Office’s letter implies that cable and content companies could create new rights for themselves just by writing them into private contracts between each other: the right to control which “platforms and devices” customers can use, the right to limit time-shifting and other fair uses, and the right to “exclude” other software from a customer’s device. [read post]
29 Jul 2016, 1:07 pm by Lloyd J. Jassin
 The proposal is the bait used to solicit interest from publishers. [read post]
29 Jul 2016, 1:07 pm by Lloyd J. Jassin
 The proposal is the bait used to solicit interest from publishers. [read post]
29 Jul 2016, 1:07 pm by Lloyd J. Jassin
 The proposal is the bait used to solicit interest from publishers. [read post]
29 Jul 2016, 1:07 pm by Lloyd J. Jassin
 The proposal is the bait used to solicit interest from publishers. [read post]