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22 May 2014, 9:37 am by Daniel Nazer
Files: hacking_the_patent_system.pdfRelated Issues: Fair Use and Intellectual Property: Defending the BalancePatentsPatent TrollsShare this:   ||  Join EFF [read post]
27 Jun 2016, 11:06 am by Maggie Kazmierczak
EFF's staff joined forces to craft questions, pulling details from the rich canon of privacy, free speech, and intellectual property law, creating seven rounds about privacy and speech, encryption case law, fair use in music, and more. [read post]
18 Jul 2017, 5:36 pm by elliot
[…] Technological protection measures […] do not always stop at preventing illicit activities, and can often serve to stop libraries and their users from making fair uses of works. [read post]
18 Sep 2014, 9:15 am by Adi Kamdar and Maira Sutton
Related Issues: Fair Use and Intellectual Property: Defending the BalanceOpen AccessShare this:   ||  Join EFF [read post]
8 Jul 2016, 9:14 am by Jeremy Malcolm
As we explained in a press conference yesterday, the TPP is simply bad for tech users and innovators: it exports the most onerous parts of U.S. copyright law and prevents the U.S. from improving them in the future, while failing to include the balancing provisions that work for users and innovators, such as fair use. [read post]
17 Aug 2016, 9:30 pm by Karen Tani
As the chapters go along, we see the way that personalities inflect the supposedly impartial law; we see the role of gender in authorial self-fashioning; we see some of the fault lines which produce litigation; and we get a nice history of the evolution of the fair use doctrine. [read post]
13 Dec 2016, 7:14 am by Howard Knopf
To put it another way, Blacklock’s is not entitled to special treatment because its financial interests may be adversely affected by the fair use of its material. [read post]
20 Feb 2021, 3:18 pm
Scholarship on fan works has continued to explore the key questions of fair use, parody, and First Amendment protection that allow fan works to exist yet fail to clearly delineate the boundaries of the legal twilight zone in which they reside and thrive. [read post]
22 Oct 2015, 11:01 am
District Judge Haywood Gilliam Jr. stated that Pintrips’ use of the term “pin” was non infringing fair use because used the word “pin” was being used to describe a feature of its service. [read post]
28 Jul 2014, 11:59 am by Florian Mueller
A high-profile case it definitely is, and an important issue -- but the Federal Circuit, unlike the district judge, correctly interpreted the law (including the Ninth Circuit opinions in the Sega and Sony fair-use cases), and from a policy point of view, this outcome is in the interest of honest software developers seeking a reasonable degree of intellectual property protection for the most creative parts of their creations. [read post]
20 Feb 2021, 3:18 pm by Christine Corcos
Scholarship on fan works has continued to explore the key questions of fair use, parody, and First Amendment protection that allow fan works to exist yet fail to clearly delineate the boundaries of the legal twilight zone in which they reside and thrive. [read post]
28 Jan 2016, 9:51 am by Rebecca Tushnet
  No love for an exception for noncommercial user-generated content (Canada's YouTube exception), but at least some support for the viability and importance of fair use, including discussion of the OTW's contributions. [read post]
22 Jun 2023, 4:13 am
This proposed broad trademark fair use test would apply to any informational or expressive use of words, names, or symbols claimed by another as a mark in connection with any goods or services. [read post]
6 May 2015, 8:28 am by Parker Higgins
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCADRMShare this:   ||  Join EFF [read post]
13 Jan 2014, 8:07 am by Daniel Nazer and Daniel Nazer
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDigital VideoPatentsInnovationShare this:   ||  Join EFF [read post]
17 Apr 2021, 8:17 am by Sophie Corke
This Kat is pondering green vs white asparagusAs this Kat sees Germany gearing up for Spargel (asparagus) season, an equally exciting harvest can be found around the IP blogs.CopyrightThe news which lit up the IP blogosphere last week was indisputably the US Supreme Court's ruling in Google v Oracle, which determined that the incorporation of program code into the Android operating system was fair use by Google. [read post]
13 Dec 2016, 7:14 am by Howard Knopf
To put it another way, Blacklock’s is not entitled to special treatment because its financial interests may be adversely affected by the fair use of its material. [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]
21 Sep 2018, 8:21 am by Eugene Volokh
Nor was this limited to posting copies of any outright "stolen" pictures (if any were indeed physically stolen): It covers any pictures (presumably including, for instance, the one publicly available on the funeral home's site), with no regard to whether the posting is "fair use" under copyright law -- which it almost certainly would be, given the noncommercial use and the lack of any effect on any market for the photo. [read post]