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7 Dec 2011, 8:37 am by Kluwer Blogger
And: ‘if the author was able to express his creative abilities in the production of the work by making free and creative choices’ (Football Association v Murphy). [read post]
22 Feb 2011, 9:40 pm by Ilya Somin
Nothing in Supreme Court precedent gives Congress such unlimited power (a point Kessler seems to accept), and allowing it certainly makes a hash of the text of the Commerce Clause, which merely gives Congress the power to regulate “Commerce . . . among the several States. [read post]
17 Sep 2014, 2:06 am
 the answer to question 2 of the CJEU reference made last week in Vereniging van Openbare Bibliotheken (VOB) v Stichting Leenrecht answers the exhaustion question in such a way that it is also applicable here.Thanks so much 'Pacta' for this helpful insight! [read post]
16 Jul 2020, 6:02 pm by Daphne Keller
They should get at least the level of careful review and negotiation that the DMCA did back in 1998: a lot of meetings, among a lot of stakeholders, putting in enough time to truly hash out questions of operational detail for those harmed by online content, users accused of breaking the law, and platforms. [read post]
4 Nov 2013, 9:46 am by Jane Chong
Then, state and federal courts were reluctant to apply tort law even where automobile-accident victims claimed their injuries resulted from the failure of manufacturers to exercise reasonable care in the design of their motor vehicles. [read post]
24 Dec 2021, 12:30 pm by John Ross
But good news—the feds are suing you now (in Delaware) so maybe you can hash it out with them in that other case. [read post]
23 Apr 2017, 4:35 pm by INFORRM
Although the blog allowed comments to be posted, it was clearly stated that such comments were not checked before publication and that commentators were responsible for their own statements. [read post]
22 Jul 2011, 3:55 am by Russ Bensing
s, the law (both state and federal) has drawn a distinction between rocks and powder, with penalties for the latter requiring anywhere from 5 to 100 times more in amount than penalties for the former. [read post]
31 Aug 2022, 10:21 pm by Bennett Cyphers
It claims to process over 250 million devices per month within the United States. [read post]
4 Oct 2021, 2:32 pm by Kevin LaCroix
Importantly, as the SEC recognized, the United States Supreme Court held in Aaron v. [read post]