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3 Jan 2016, 9:30 pm by Abigail Slater
Google defended its actions and claimed that they constituted fair use and were therefore permissible under copyright law. [read post]
3 Jan 2016, 3:30 pm by Sabrina I. Pacifici
Additionally, to coincide with the Supreme Court petition, we’ve put together a sequence of questions and answers highlighting why it’s so crucial for the future of authorship and copyright law that the high Court weigh in to redress the Second Circuit’s misinterpretation of fair use. [read post]
1 Jan 2016, 2:49 pm by Lyle Denniston
The case would provide a major test of when someone accused of infringing on copyright can use the defense that it was only making “fair use” of the contents, which federal law allows. [read post]
31 Dec 2015, 8:15 am by Rebecca Tushnet
  I might possibly have gone with descriptive fair use; did GE really acquire trademark rights by using a term just for information for its employees?) [read post]
31 Dec 2015, 7:37 am by Rebecca Tushnet
”  It pled infringement, and nominative fair use precluded that claim. [read post]
31 Dec 2015, 4:16 am by Ron Coleman
Trademark infringement, unfair competition, fair use, intereference with prospective economic advantage, who-knows-what- terms-of-use-based claims… exploding cars! [read post]
30 Dec 2015, 12:28 pm by Ron Coleman
Non-profit use of a trademark is indeed a factor courts consider when analyzing fair use. [read post]
29 Dec 2015, 8:05 pm by Florian Mueller
It appears that the original right holder can at best obtain an injunction against continuing to distribute the derivative work without making it available on GPL terms.Let's assume for a moment that Oracle defeats Google's "fair use" defense at next year's trial. [read post]
28 Dec 2015, 6:00 am by The Dear Rich Staff
Of course, using a portion of a copyright-protected prayer may also be excused under fair use principles -- and we are inclined to believe that a prayer used in a romance novel is a transformative use. [read post]
28 Dec 2015, 2:51 am by Ben
Nomm pleaded guilty in US District Court for the Eastern District of Virginia to conspiracy to commit felony copyright infringement. [read post]
28 Dec 2015, 12:14 am
 Never too late 75 [week ending on Sunday 6 December] –  BHG on blocking injunctions | IP in Universities | Sweden on blocking injunctions | Canadian musings on patents | US Senate and trade secret reform | Chinese IP Courts | G1/14 referral and Article 108 EPC | PACE procedure (Procedure for Accelerated Conduct of Examination) ant the EPO | Greekat and trade mark partenalism | EPO Boards of Appeal tell AC: we were never consulted |… [read post]
27 Dec 2015, 7:01 am by Parker Higgins
Still, EFF participates and has been able to secure some important victories—laying the groundwork for fair uses like jailbreaking phones or ripping DVDs for non-commercial remixes. [read post]
27 Dec 2015, 4:00 am by Barry Sookman
LTD. v. uCOOL, INC. https://t.co/DyoGX8FYr2 -> Use of photo in blog post is fair use says US CA Katz v. [read post]
23 Dec 2015, 11:38 am by Daniel Nazer
Our reply explains why Knox’s use was protected by fair use. [read post]
23 Dec 2015, 7:59 am by Eric Goldman
I’ll leave it to others to explore the implications of the court’s holding for other areas of trademark law, including the additional section 2(a) prohibitions that are not based on deception or confusion, as well as trademark defenses such as descriptive fair use. [read post]
22 Dec 2015, 5:15 pm by Shahid Buttar
She also explained how fair use protects reverse engineering, and explored how the Computer Fraud and Abuse Act has been used by prosecutors to prey on innovators, including the late Aaron Swartz. [read post]
22 Dec 2015, 12:53 pm by Terry Hart
Google, based largely on his conception of fair use as hinging on transformation, a conception he himself first laid out over twenty years ago in Toward a Fair Use Standard. [read post]
22 Dec 2015, 4:00 am by Barry Sookman
https://t.co/8RgNUXEvtz -> Computer and Internet Updates for 2015-12-20 https://t.co/5qMzk2NdFl -> U.S. considers more aggressive cyberattacks against ISIS https://t.co/trtOzP4ox2 -> Hong Kong Copyright Tribunal DC "UGC is still a guinea pig overseas [in Canada]" recommending against adoption https://t.co/GtNSBrinsA -> Copyright and Fair Use on the Internet https://t.co/8FacUW0UJ6 -> SoundCloud signed a licensing deal with PRS for Music… [read post]
21 Dec 2015, 6:25 am
 However, on consideration of its likely policy impact, the decision the wins the prize is that of the 2nd Circuit in the Google Books case [here] in the US, which confirmed the first instance decision of Judge Chin that Google's scanning activities in the context of its Books Project were protected as fair use under §107 of the US Copyright Act.Would an outcome like that achieved under US fair use be obtainable under the… [read post]