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11 Jun 2013, 10:41 am by Jonathan Bailey
This could be used not only to prompt a fair use challenge, to ensure that the upload isn’t infringing itself, but also remove the Creative Commons License if one would have automatically been applied otherwise. [read post]
10 Jun 2013, 9:53 am by Dennis Crouch
In dicta, the court spelled out the no-fair-use doctrine of patent law – writing that even trace amounts of infringing material can still constitute infringement. [read post]
10 Jun 2013, 6:28 am by Rebecca Tushnet
Turning now to fair use, this requires the defendant to prove use (1) other than as a mark, (2) in a descriptive sense, and (3) in good faith. [read post]
9 Jun 2013, 5:30 am by Barry Sookman
http://t.co/VgsQjW0CYE -> New Electronic Health Records Legislation on the Horizon in Ontario http://t.co/c4S15R2I2b -> SILDENAFIL PATENT NOT “VOID http://t.co/0Sl0p558ts -> US court has no personal jurisdiction over vendor with website with minimum sales in state BIOTECH v. [read post]
6 Jun 2013, 11:05 am by Jonathan Bailey
However, according to the ALRC, under the proposed new rules Optus would likely win as its use of the content would be merely to facilitate the users’ fair use of it. [read post]
6 Jun 2013, 4:04 am
Applying the fair use exception when determining whether a use of an ‘orphan work’ infringes copyright. [read post]
5 Jun 2013, 3:45 pm by Michel-Adrien
An alternative model, should fair use not be enacted, suggests the addition of new fair dealing exceptions, recognising fairness factors. [read post]
5 Jun 2013, 5:30 am by Barry Sookman
Publishers launch global exchange on copyright and content aggregators http://t.co/rQozlm4VGP -> China music sites urged to start charging users http://t.co/bdbl8LgMa3 -> Feedly to open APIs – yeh, but it will never be the ecosystem that Google built and is now crippling http://t.co/oIg4PBG1a3 -> Apple denies conspiracy in ebook pricing trial: “Publishers fought (us) tooth and nail” http://t.co/2fAnokL3ms -> President Obama to take aim at patent trolls with… [read post]
4 Jun 2013, 8:14 am by Dennis Crouch
[DC: We are on our way here toward a fair use of patents.] 5. [read post]
4 Jun 2013, 8:04 am by Matthew David Brozik
 -- RDC]) The relevant (“Oprah”) defendants put almost, but not quite, all of their eggs in a “fair use” basket. [read post]
3 Jun 2013, 11:56 pm by Florian Mueller
The Legislative Council decided to broaden Hong Kong's fair dealing provision to more closely resemble the fair use provision of the U.S. [read post]
2 Jun 2013, 9:29 pm by Steve Baird
For other possible examples of nominative fair use, check them out here. [read post]
2 Jun 2013, 1:07 am by Florian Mueller
This is a very weak argument, but at least it is a fair-use-related argument. [read post]
1 Jun 2013, 5:30 pm by Megan Geuss
“If liability for the entire market were determined based on a case-by-case determination of fair use (an already unpredictable doctrine), developers would be unable to adequately predict their exposure. [read post]
1 Jun 2013, 2:03 pm by Florian Mueller
The EFF's "Start-ups" brief mentions "fair use" only twice, in the same paragraph, in an effort to portray "fair use" cases (Sony, Sega) as non-copyrightability decisions. [read post]
31 May 2013, 5:30 am by J. Michael Goodson Law Library
The Basics outlines the key concepts of copyrightability and the registration process, while subsequent sections explore more complex legal issues like fair use, what constitutes infringement and even litigation procedure.Copyright Codex is a great starting place for copyright law research. [read post]
30 May 2013, 8:16 pm by Florian Mueller
But even before the content of all those briefs is known, it's worth talking briefly about who actually came out in support of Google's anti-copyrightability and self-service-is-fair-use positions:Google is a driving force behind the CCIA. [read post]