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10 Jun 2016, 6:00 am by Jonathan Bailey
Google, however, claimed that APIs were not copyrightable and that, if they were, the use was a fair use since they only copied a very small percentage of the code. [read post]
10 Jun 2016, 4:00 am by Barry Sookman
https://t.co/CZXHiGY96X -> Google's fair use defence succeeds against Oracle's copyright infringement claim https://t.co/ZAVUFTU20n -> Federal Court Issues Injunction Directed at Retailers of Set-Top Boxes With Copyright Infringing Applications https://t.co/HUsi6j7isG -> Link to Bell v https://t.co/ELYNrALMY8 case https://t.co/94ozzoPQSq -> [read post]
9 Jun 2016, 4:51 pm by Jeremy Malcolm
It fails to meaningfully protect the values and principles that users and innovative business depend upon, such as fair use and network neutrality. [read post]
9 Jun 2016, 2:28 pm
 The majority wants judges to (and this is relevant, I think, to the fair use/appropriation debate) stay out of the business of making aesthetic judgments:  the alternative proposed by the concurring judge -- to ask whether a work is primarily directed to a practical purpose -- would "necessarily require[] courts to express judgments regarding the importance of an object’s artistic qualities," and "how different judges could answer such a… [read post]
9 Jun 2016, 9:23 am by David Oxenford
Even if used, will that technology be able to distinguish between permitted “fair uses” and prohibited infringing uses? [read post]
9 Jun 2016, 7:38 am by Rebecca Tushnet
  We also use thin ©/adjust the infringement standard; we also have fair use; remedies such as compulsory licensing. [read post]
9 Jun 2016, 5:51 am by Eugene Volokh
The First Amendment protects “fair use,” but Section 9026.5 — unlike copyright law — does not offer a fair use defense. [read post]
9 Jun 2016, 2:11 am
 | Update on UPC's draft code of conduct | Implications of new EU and US trade secret legislation | CJEU reference over Schweppes trade mark | New transfer and triage process for IPEC| Thursday Thingies | IP (Unjustified Threats) Bill: from the horses mouth | New Master of the Rolls | PRINCE's personality rights | EU Council adopts Trade Secrets Directive | Book review (copyright lawmaking) | Nominative Fair Use… [read post]
8 Jun 2016, 11:43 am by Ernesto Falcon
The state can't restrict fair uses in the first place, so "licensing" fair uses is a hollow gesture. [read post]
8 Jun 2016, 6:45 am by Jonathan Bailey
Bond, believing his use was a fair use, quickly filed a counter-notice and that prompted Serendip to file the lawsuit. [read post]
8 Jun 2016, 6:00 am by Jonathan Bailey
In a different case, much of a collection of his work was ruled a fair use after photographer Patrick Cariou sued him in a closely-followed case that was later settled out of court. [read post]
8 Jun 2016, 4:46 am
Unlike the UK fair dealing provisions (s.29  & 31 CDPA 1988), the US fair use defence is not delimited to certain uses. [read post]
8 Jun 2016, 4:29 am by Embajador Microjuris al Día
La controversia del caso giraba en torno a una sola pregunta, si el que Google hubiera utilizado el Java API era uso justo o “fair use” bajo la Ley federal de Derechos de Autor. [read post]
7 Jun 2016, 12:13 pm by admin
Chatman And, of course, there’s plenty of “new media” too: Ars Technica (here & here) Quoting the four-factor test for fair use in federal copyright law Huffington Post (here, here, here, here, here, here, here, here & here) Linking mostly to U.S. [read post]
7 Jun 2016, 6:00 am by Jonathan Bailey
Serendip had filed a Digital Millennium Copyright Act takedown notice against the video but Bond filed a counter-notice claiming that the video was a fair use. [read post]
6 Jun 2016, 12:16 pm by Eric Caligiuri
  Per the jury instructions, Google had the burden of proof to show fair use. [read post]
6 Jun 2016, 9:33 am
Lawyers weigh in both sides of the issue, interpreting such reuse as fair use or infringement, depending on the circumstances.Digital technology creates a host of new considerations, from the opportunity for a creator to license rights up-front (or not at all) to opportunities for users to create content cooperatively, either on the Web or in face-to-face settings. [read post]
6 Jun 2016, 8:22 am by Michael Geist
Canada’s fair dealing approach is more flexible than the current Australian law, but remains more restrictive than the fair use model found in the U.S. and recommended in the report. [read post]
6 Jun 2016, 8:16 am by Michael Geist
Canada’s fair dealing approach is more flexible than the current Australian law, but remains more restrictive than the fair use model found in the U.S. and recommended in the report. [read post]