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10 Jul 2012, 7:26 am by Nissenbaum Law Group
Because none of the four factors considered supported fair use, the Court found that the defendants were not entitled to fair use as a defense. [read post]
10 Jul 2012, 7:23 am by Nissenbaum Law Group
Because none of the four factors considered supported fair use, the Court found that the defendants were not entitled to fair use as a defense. [read post]
9 Jul 2012, 2:01 pm by Eric
So even if all of the plaintiffs' allegations are true, among the many possibilities is that Home Depot and Google concluded that the plaintiff hasn't achieved secondary meaning or that descriptive fair use applies. [read post]
9 Jul 2012, 9:29 am by Steven
“The Electronic Frontier Foundation (EFF) has joined several national library associations in urging a federal court to find that the fair use doctrine permitted the creation of a valuable digital library. via Electronic Frontier Foundation [read post]
8 Jul 2012, 11:00 am by Ars Staff
(For those not familiar with this term of art, "limitations and exceptions" are things like Fair Use and First Sale Doctrine in the United States. [read post]
7 Jul 2012, 3:40 am by SHG
Barstow went on to accuse Something Awful of copyright violations and "defamation," scorning the idea that posting her comics in a thread criticizing bad comics constituted fair use. [read post]
7 Jul 2012, 1:41 am by tekEditor
A reasonable jury could find that the purpose and character of Google's use of the SSO of the 37 API packages favors fair use. 5   3. [read post]
6 Jul 2012, 12:31 pm by Rebecca Tushnet
” Also of course this skims over key sources of uncertainty for platforms, documentarians who need E&O insurance, educational fair use, etc. [read post]
6 Jul 2012, 11:48 am by Jay Stanley
We agree that our intellectual property regime has become unbalanced and tilted too far toward ownership interests and away from fair use and freedom. [read post]
5 Jul 2012, 2:18 pm by David Sohn
"  USTR's statement notes that "exceptions and limitations achieved in U.S. law provides diverse benefits for large and small businesses, consumers, authors, artists, and workers in the information, entertainment, and technology sectors" and cites U.S. laws regarding fair use and the DMCA safe harbor as examples.This is welcome language, and USTR deserves credit for taking this step. [read post]
5 Jul 2012, 12:36 pm by Glenn
While Brownmark involved a seemingly easy fair use case in the defendants’ favor, it will be inter­esting to see whether future courts will grant motions to dismiss where the fair use analysis is less obvious. [read post]
5 Jul 2012, 11:22 am by Eric
Fair use parody supported early dismissal of copyright infringement claim. [read post]
5 Jul 2012, 10:07 am by Jonathan Bailey
The test calls for exemptions to copyright law that protect uses of copyrighted works similar to what the U.S. considers fair use and includes exemptions for criticism, comment, news reporting, teaching, scholarship, and research according to the USTR. [read post]
5 Jul 2012, 1:45 am by Gordon Firemark
Increases penalties for infringement: Those who use copyrights for commercial purposes without the owner’s permission could pay as much as $20,000 Individuals who use copyrights for non-commercial purposes can be charged as much as $5,000 Internet service providers have to notify customers when a copyright owner identifies a potential infringement Fair dealing provisions (i.e., “FAIR USE”) are extended to encompass education,… [read post]
5 Jul 2012, 1:04 am by Tomasz Targosz
Nevertheless UsedSoft bought such ‘used’ licenses (‘used’ but valid) and offered them to other customers. [read post]
4 Jul 2012, 10:00 am by admin
However, we understand why people who live elsewhere in Michigan are claiming that this initiative is not a fair use of tax dollars. [read post]