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31 Mar 2009, 4:51 am
Kramarsky on a recent 2nd Circuit opinion: An overly narrow view of the scope of copyright protection risks harming the commercial market for entire classes of works; an overly broad view risks chilling creativity and creating impermissible monopolies on facts. [read post]
19 Feb 2016, 5:33 pm by Rebecca Tushnet
  Although this isn’t about a strong reversionary right, we see authors & publishers trying to work out the problem of literary property on a contractual basis. [read post]
28 Oct 2008, 4:01 am
” We’ll see where it goes and if it isn’t working I’ll stop using it. [read post]
13 Dec 2010, 5:01 am by Kelly
Johnson & Johnson (Kluwer Patent Blog) Germany Federal Court hands down judgment in copyright dispute concerning publication of book abstracts between newspapers FAZ and SZ and culture magazine Perlentaucher (1709 Blog) Greece Bacardi keeps Kleanthis MARTINI clothes off the Greek market: Bacardi & Company Limited v Michael Kleanthis & Sons OE (Class 46) Hungary London Agreement to come into effect for Hungary (Inovia IP) Guatemala WIPO… [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
We shouldn’t expect that info to be widely available to consumers w/o some help, and yet the law assumes that the market for reputation works enough to rely on it.Public goods problem: each of us has our own reputational experiences w/firms. [read post]
16 May 2006, 6:36 am
The court also found that the "amount and substantiality" of the work copied was small, and that plaintiff's use of thumbnails didn't eat into the market for or value of the originals, which were not ever licensed in such a way.Concluding that only a SHIP OF FOOLS would side with the plaintiff on this one, the Second Circuit said, IT'S ALL OVER NOW, leaving the plaintiff in the COLD RAIN AND SNOW. [read post]
10 Feb 2017, 2:05 pm by Rebecca Tushnet
Necessary for fairness & balance. [read post]
16 Jan 2009, 5:00 am
(ContentAgenda)   Scotland Franz Ferdinand sends Web-Sheriff after pirates (TorrentFreak) (Techdirt)   Singapore Sony Ericsson to be first in Singapore to sell major-label music files without DRM (ContentAgenda)   Sweden Pirate Bay’s tour bus to become court case press centre (TorrentFreak)   United Kingdom UK censors responses to piracy consultation (TorrentFreak) Framlingham College wins cybersquatting case… [read post]
25 Nov 2010, 8:07 pm by Kelly
Universal (Technology & Marketing Law Blog) US Copyright Group – ‘Put up or shut up’ time for US Copyright Group (Ars Technica) (TorrentFreak) US Copyright Group – Class action lawsuit challenges Bittorent lawsuit factory’s business model (Internet Cases) US Trade Marks & Domain Names – Decisions District Court E D Virginia: Awards domain holder common law trademark right & orders registrar to return domains:… [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
If courts take conceptual separability seriously, it becomes the German test in disguise—but even the German court has now abandoned a test of superior creativity, so there’s only one test of originality in German law, which doesn’t require superior creativity. [read post]