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4 Apr 2018, 7:48 am
The Federal Circuit reversedan earlier on-remand decision in favour of fair use, hence essentially going all-in on the issue of copyright infringement when it comes to software. [read post]
4 Aug 2014, 5:38 am
But one of the goals of this blog is to highlight the work of less "famous" scholars, so here are some of the works by non-faculty presenters that I noticed (check the speaker list for links to their full abstracts or papers):Jonathan Ashtor (Skadden): Studied each patent held valid and infringed in district court 2006-11 (400 patents, 300 cases), with the goal of understanding the factors driving enforcement value.Megan Blakely (Postdoc, Glasgow): Discusses the history of IP protection… [read post]
23 Mar 2015, 3:38 am
Is it fair ...? [read post]
21 Apr 2021, 4:17 pm
District Court, District of Arizona, that Johnson made fair use of excerpts of Proctorio’s software code, and the company’s false claims of infringement interfered with Johnson’s First Amendment right to criticize the company. [read post]
3 Feb 2017, 8:28 am
” Nor was intent to profit an extra element.Query: If the copies of the app actually on the BLU phones, assuming such copies were there, were properly purchased, can the use in ads be anything other than fair use? [read post]
12 Mar 2018, 1:57 pm
There may be “fair use” factors that come into play in the instance of fan usage and parody. [read post]
20 Sep 2013, 1:14 am
While on the topic of neglected subjects there is the issue concerning the visually impaired and other people with disabilities....Government has often been approached to do something by creating a fair use exception for them. [read post]
31 Dec 2013, 11:26 am
The Race for Content Continues January 10, 2013 A Victory for Fair Use: Online Publication of Attorney Filings OK, Copyright Suit Against Lexis and Westlaw Dismissed February 12, 2013 The Last Independent Standing-- Meet Intelligize: One of the Best Little SEC Research Products You Never Heard Of.... [read post]
26 Jun 2014, 11:28 am
In this bandwidth doubling routing, the cloud locker operator has a better legal argument for associating with consumers’ copyright fair use, or non-infringing use. [read post]
19 Jun 2015, 8:31 am
The case has just begun, and Hellier has not answered LGI’s complaint, but Hellier could potentially raise fair use as a defense, claiming that her shirts are a permissible use of the mark as parody. [read post]
2 May 2017, 9:35 am
We also have specific concerns that the current chairman's draft moves the proposal in the wrong direction, by eliminating previous text on limitations and exceptions, entrenching the inimical effects of Technological Protection Measures that criminalize fair use and innovation, and proposing a 50 year term -- 30 years longer than the term of protection under the Rome Convention. [read post]
2 Jan 2014, 6:05 pm
As the year draws to a close, EFF is looking back at the major trends influencing digital rights in 2013 and discussing where we are in the fight for free expression, innovation, fair use, and privacy. [read post]
9 Feb 2015, 3:04 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCA RulemakingInnovationDRMShare this: || Join EFF [read post]
6 Jun 2016, 9:33 am
Lawyers weigh in both sides of the issue, interpreting such reuse as fair use or infringement, depending on the circumstances.Digital technology creates a host of new considerations, from the opportunity for a creator to license rights up-front (or not at all) to opportunities for users to create content cooperatively, either on the Web or in face-to-face settings. [read post]
26 Dec 2013, 4:13 pm
As the year draws to a close, EFF is looking back at the major trends influencing digital rights in 2013 and discussing where we are in the fight for free expression, innovation, fair use, and privacy. [read post]
3 Nov 2022, 7:44 am
”The district court judge found that the Warhol series is "transformative" because it conveys a different message from the original and thus is "fair use" under the Copyright Act. [read post]
30 Sep 2016, 6:15 am
Even though this kind of research is traditionally a “fair use” permitted by copyright law, Digital Millennium Copyright Act (DMCA) Section 1201 threatens criminal and civil penalties— including jail time—for performing it or publishing information about the methods of security research. [read post]
8 Jun 2017, 10:56 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]
27 Dec 2023, 10:32 am
” Posting these codes online is therefore a fair use. [read post]
9 Feb 2016, 1:26 pm
While copyright owners have long maintained that any unauthorized use of their material, no matter how minimal or potentially fair, justifies removal under the DMCA, the Ninth Circuit recently rejected that position. [read post]
