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5 Jul 2013, 4:05 pm
Hosts: Denise Howell and Evan BrownThe royalty structure of Internet radio, Fair Use, keeping content available to non-infringing regions, and more! [read post]
Oracle to appeals court: Google concedes away the entire case under established copyright principles
5 Jul 2013, 12:32 pm
Then there will be a hearing, followed by a decision.Due to the narrow focus of the upcoming Google filing, briefing is now already complete with respect to the number one issue in this appeal (copyrightability of the asserted Java API sources) and the number two issue (fair use), which becomes relevant only if Oracle wins a reversal of Judge Alsup's denial of copyrightability.Oracle's brief says that "Google concedes away--either explicitly or tacitly--everything necessary to… [read post]
5 Jul 2013, 8:02 am
THERE IS NO "DE MINIMIS" DEFENSE TO COPYRIGHT INFRINGEMENT................. 63 It says there is no de minimis defense in the Ninth Circuit, only fair use. [read post]
5 Jul 2013, 6:24 am
A&F argued nominative fair use, which the court bolstered with a reference to the exclusions from §43(c)(3)’s ban on dilution. [read post]
3 Jul 2013, 9:28 am
In the US, the “fair use” defence which includes parody, nominative fair use, comparative advertisement are all protected as exceptions to trade mark infringement under certain conditions, while the UK –and various other European jurisdictions- do not recognize it as such. [read post]
3 Jul 2013, 5:30 am
TV GUIDE ONLINE HOLDINGS, 2013 Ark. 285 – Ark: Supreme Courthttp://t.co/LgYmI8qiFN -> French president demands U.S. cease spying on the European Union http://t.co/Qy76mWQBPu -> A rising tide of liability awards for privacy breaches in Canada http://t.co/Z2wzQ0EZYI -> Contractual Override of Trade Secret Law http://t.co/Rj5O621LgH -> Passive Website Alone Cannot Create Jurisdiction http://t.co/O29pAELrOh -> Saudis imprisoned for allegedly inciting protests via Facebook… [read post]
2 Jul 2013, 12:22 pm
Judge Leval wrote the famous law review article called “Towards a Fair Use Standard” that is the foundation of the recent stress on transformative uses in the fair use context. [read post]
2 Jul 2013, 8:32 am
We conclude that class certification was premature in the absence of a determination by the District Court of the merits of Google's 'fair use' defense," according to the appellate court ruling. [read post]
2 Jul 2013, 7:36 am
On appeal, the court vacated the class certification, holding that such certification was premature, given Google’s anticipated fair use arguments. [read post]
2 Jul 2013, 6:37 am
Welcome to Night Vale is a podcast in the vein of Lovecraftian homage/Cabin in the Woods-style absurdist horror. [read post]
2 Jul 2013, 4:44 am
It seems that actors such as the New York City Archives and the American Folklife Centre prefer the pragmatic approach of making the potentially orphaned works available and relying on the various defences of fair use and diligent search. [read post]
1 Jul 2013, 7:55 pm
As a result, and at last, persons with sensory-disabilities will soon be able to enjoy their right to access information and freedom of expression, as well as exercise their 'fair use/fair dealing' rights in copyright - rights they have been deprived of for far too long! [read post]
1 Jul 2013, 12:20 pm
Circuit Court of Appeals has thrown out the class action status previously given to the Authors Guild, saying that the judge was premature in granting it and that the judge should first analyze Google’s fair use defense before making such a determination. [read post]
1 Jul 2013, 11:32 am
Matt has posted to the blog previously: most recently Taking the Reference Desk on the Road and Orphan Works and Fair Use in a Digital Age. [read post]
2nd Circuit rejects class certification in the Google Books saga (and evokes fair use defence for G)
1 Jul 2013, 11:22 am
” Since fair use issues were outside the scope of the appeal, "the court decided to gently signal what it thought about the fair use question and invite Judge Chin to cut to the chase. [read post]
1 Jul 2013, 7:37 am
Says Sergio Muñoz Sarmiento. [read post]
1 Jul 2013, 7:19 am
The Second Circuit's decision has been criticized for not providing sufficient guidance for future appropriation artists and their lawyers as to what actually constitutes fair use. [read post]
29 Jun 2013, 4:32 pm
Government supply chain against counterfeits; and ensure the Government’s software use complies with its license agreements. [read post]
29 Jun 2013, 4:32 pm
Government supply chain against counterfeits; and ensure the Government’s software use complies with its license agreements. [read post]
29 Jun 2013, 6:58 am
Thus: (i) trade mark law, which seeks to promote trade, ensure fair competition and protect consumer decision-making, focuses on average consumers; (ii) patent law, which aims to promote scientific and technological innovation, considers a person of ordinary skill in the art, with its expert knowledge, as the appropriate audience; (iii) copyright law, which protects and encourages the creation of artistic works, generally uses (in the US) 'a hybrid test, drawing both on… [read post]
