Mitigating the effect of the second prong of the fair use inquiry, and dialing back the district court’s emphasis on the “amount and substantiality” that Prince used, the Second Circuit held that 25 of Prince’s works that used Cariou’s photos were fair use. [read post]

   Philosophers may spend their days pondering precisely when several grains of sand become a "heap," but this Ninth Circuit opinion reminds us that lawyers, as punishment for their sins, must spend their days pondering precisely when a device that automatically dials phone numbers becomes an "autodialer. [read post]

Authors’ note: This article is developed out of prior writing on Lawfare, including our own work and a series of deposition summaries written by Lawfare editors and contributors Charlotte Butash, Kelsey Clinton, Mikhaila Fogel, Vishnu Kannan, Patrick McDonnell, Jacob Schulz, Chinmayi Sharma Masha Simonova, Lucia Radder and Samantha Fry and edited by us. [read post]

“Jury to Hear Samsung Destroyed Evidence” http://bit.ly/QbbWY6 (Project Counsel) On Eve of Trial, Apple Obtains Adverse Inference Instruction for Samsung’s Email Spoliation - http://bit.ly/LPLcz8 (John Horan) Reports and Resources ABA Tech Survey: A Third of Lawyers Use Tablets, a Few Still on Dial-Up - http://bit.ly/OqgWs1 (Evan Koblentz) Cyber Security Task Force: Public-Private Information Sharing (PDF) http://bit.ly/PEUnyh (National Security Program)… [read post]