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24 Jul 2015, 12:51 am by Florian Mueller
And, the Federal Circuit found it 'undisputed that Google's use of the API packages is commercial,' as relevant to factor one of the fair use inquiry. [...] [read post]
23 Jul 2015, 12:08 pm by Rebecca Tushnet
  (Similar thing arguably w/appropriation art and the last 50 years of fair use in the US courts.) [read post]
23 Jul 2015, 9:11 am by Rebecca Tushnet
  Public domain was much broader than it is today in a variety of ways (nonliteral copying); risk-averse conduct of publishers who insist on permissions for what is fair use. [read post]
22 Jul 2015, 8:44 pm by Florian Mueller
The alternative would be for Oracle to bring a follow-up complaint later, but that one would not only be less efficient: it would also disadvantage Oracle because it would not be allowed to counter Google's "fair use" claims with new facts that show Android's conceded and unauthorized use of Oracle's valid Java API-related copyrights has massive economic scale and major strategic implications for the entire high-tech sector:"The Amended… [read post]
22 Jul 2015, 1:26 pm by Media Law Prof
Lydia Pallas Loren, Lewis & Clark Law School, has published Fair Use: An Affirmative Defense? [read post]
21 Jul 2015, 6:43 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDefend Your Right to Repair! [read post]
20 Jul 2015, 3:52 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceRelated Cases: WNET v. [read post]
20 Jul 2015, 9:39 am by Eric Goldman
Copyright Copyright Office Circular 1 Goldman’s Fair Use Cheat Sheet Cartoon Network v. [read post]
20 Jul 2015, 7:46 am
Michael Schuster II, Oklahoma State University, has published Fair Use and Licensing of Derivative Fiction: A Discussion of Possible Latent Effects of the Commercialization of Fan Fiction at 55 South Texas Law Review 529 (2014). [read post]
20 Jul 2015, 6:00 am by C. Steven Bradford
The people at New Media Rights, a non-profit affiliated with the California Western School of Law, have developed an interesting new legal app called The Fair Use App. [read post]
20 Jul 2015, 2:11 am
It will be for a defendant in future proceedings to explore and raise this issue, including whether the effect of the fact that they relied at the time upon Section 28B creates some species of estoppel, legitimate expectation or fair use defence in private law and whether, if such exists, this goes to the cause of action or the remedy or both. [read post]
18 Jul 2015, 4:06 am by Ben
It will be for a defendant in future proceedings to explore and raise this issue, including whether the effect of the fact that they relied at the time upon Section 28B creates some species of estoppel, legitimate expectation or fair use defence in private law and whether, if such exists, this goes to the cause of action or the remedy or both. [read post]
17 Jul 2015, 12:28 pm
For example, the company should carefully review the content of a website before demanding that it be removed from the Internet, and stop to consider whether the use it’s worried about is a fair use or otherwise protected. [read post]
17 Jul 2015, 6:37 am by Rebecca Tushnet
         How their choices affect a fair use argument.3. [read post]
15 Jul 2015, 1:05 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCASOPA/PIPA: Internet Blacklist LegislationShare this:   ||  Join EFF [read post]
15 Jul 2015, 3:44 am by Kevin Smith, J.D.
On the other hand, the brief from Georgia State, filed last Friday, argues that all 70 of those challenged excerpts are still fair use. [read post]
11 Jul 2015, 10:26 am by Ben
" Apart from the moral argument, and the claim that the Estate does not own the diaries, there is also the issue of defences of fair use and similar, not just in Germany, but elsewhere the book has been published.Dresen said the court was not interested in the moral question “for one second”. [read post]
9 Jul 2015, 12:56 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalShare this:   ||  Join EFF [read post]
9 Jul 2015, 4:33 am by Ben
Judge Tallman said the court was struggling with whether the video was fair use - although McSherry's point was that whether or not the use was fair use - Universal hadnt even considered this before issuing a takedown notice. [read post]