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24 Oct 2018, 7:05 am by Eric Goldman
§114(d)(3)]  After some litigation and a Congressional clarification in 1998, “eligible non-subscription transmissions” (i.e., webcasts) were assimilated to the second category. [read post]
21 Jun 2023, 6:38 am by Eric Goldman
While the Court did not disapprove of application of the Rogers test, it also did not approve of use of this speech-protective test (unlike the Congressional members of the House Judiciary Committee: see the “Balancing First Amendment concerns” section of the legislative history for the Trademark Modernization Act of 2020). [read post]