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16 Mar 2013, 10:58 am by Rebecca Tushnet
Santa Clara Internet Law Works in Progress Conference Speech #1 Enrique Armijo / Kill Switches, Forum Doctrine, and the First Amendment’s Digital Future What’s different about digital speech? [read post]
14 Jun 2019, 11:01 am by Rebecca Tushnet
Harmless Free Riding by Wendy Gordon, Boston University School of Law (Additional related drafts from Wendy: Time and Intellectual Property After Coaseand Proximate Cause in the Law of Copyright: Linking Liability to Incentives)Common law imposes penalties on those who harm much more readily than it requires people to avoid benefiting without payment; very few duties to help and lots of duties not to harm. [read post]
12 Feb 2021, 3:32 pm by Rebecca Tushnet
Cathay Smith, University of Montana Blewett School of Law Weaponizing Copyright Pure suppression: Dr. [read post]
17 Oct 2015, 11:28 am by Rebecca Tushnet
 If rt limited to misleading commercial speech, overbreadth and prior restraint doctrine doesn’t apply, making existing law make sense. [read post]
30 Apr 2016, 3:28 pm by Rebecca Tushnet
 RT: [I don’t think that’s a stupid law. [read post]
5 May 2013, 11:48 am by Rebecca Tushnet
Andrea Matwyshyn, Hacking Speech: Informational Speech and the First Amendment Discussant: Felix Wu  Bomb-making and other informational speech: disclosure of security vulnerabilities. [read post]
7 Nov 2014, 8:47 am by Rebecca Tushnet
Roundtable on Jessica Silbey’s The Eureka Myth: Creators, Innovators, and Everyday Intellectual PropertyUniversity of Notre Dame Law School [I was very sorry that I arrived late due to a missed connection the previous night]Second Session: Distribution Models and Design PrinciplesJohn Golden: rule of law concerns: if there’s not a good fit between law’s underlying assumptions and what people think, they might lose respect for the law complicating legal compliance. [read post]
9 Aug 2019, 8:38 am by Rebecca Tushnet
[The likelihood that Article III judges thought that Green Day were worthy celebrities seems to me to be low, though I make no such statements about their attitude towards the lawyers for the parties.]RT: This presentation confirms my sense that complaints about Google Books are best at destabilizing support for cases like Cariou, a completely different set of cases—it’s just easier to argue about whethercontent transformation is enough than to argue that the purpose is the same… [read post]
4 Jun 2019, 10:19 am by Rebecca Tushnet
Panel II at the Abrams Institute's conferenceModerator: Jonah Knobler, Partner, Patterson Belknap Webb & Tyler: recent attempts to do things like require disclosure of child labor in manufacturing process, and related consumer protection cases arguing that failure to disclose was misleading. [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
RT: might this help us understand how counterfeiting of a registered TM could be actionable even without point of sale confusion? [read post]
26 Mar 2018, 7:16 am by Ben
As reported by Buzzfeed in November 2017, InfoWars has copied more than 1,000 articles produced by Russian state-sponsored broadcaster RT without permission.Chicago landmark featured in controversial political advert without sculptor’s permissionContinuing with the theme of American politics, the artist who created the iconic Cloud Gate in Chicago is “disgusted” that the National Rifle Association (NRA) has featured his sculpture in a recent advertisement.Nicknamed… [read post]
25 Jun 2013, 12:02 pm by Larry Catá Backer
” Assange reveals details of 'Snowden Op', slams US 'war on whistleblowers', RT 25 June 2013 (other officials dispute this account). [read post]
25 Sep 2015, 12:02 pm by Rebecca Tushnet
Annemarie Bridy – Three Notice Failures in Copyright Law  Challenge of making online copyright enforcement meaningful. [read post]
9 Jun 2014, 7:49 am by Rebecca Tushnet
Transformation of Transformative Use           Moderator: Julie Ahrens, Stanford Fair Use ProjectMass digitization: at the start of the litigation Google seemed bold, but after 8 years the result was less surprising, at least to some, since digitization is so valuable/expected. [read post]
16 Feb 2024, 10:23 am by Rebecca Tushnet
Keynote Address, Amy Adler, (How) Should Courts Interpret the Meaning of Art? [read post]
23 Jul 2015, 12:08 pm by Rebecca Tushnet
Session 3 | Marianne Dahlén (Uppsala University, Sweden), Moderator Design and Copyright: An Open Question? [read post]