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30 Jun 2015, 2:57 am by Rebecca Tushnet
In re GNC Corp., -- F.3d --, 2015 WL 3798174 (4thCir. [read post]
14 May 2019, 9:27 am by Rebecca Tushnet
Panel One: User-generated Content, Digital Labor, and Collaborative AuthorshipModerator: Bethany RabeRebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative ExpressionTitle assigned a few months ago is a little misleading because I actually wanted to take the opportunity to talk about the Copyright Office’s recent report on moral rights, though I’m happy to talk about anything fanwork related during the panel discussion and Q&A. [read post]
9 Aug 2019, 8:38 am by Rebecca Tushnet
Affects other factors, e.g., market harm: if you made a photo for one campaign, you’re unlikely to authorize use by the other side. [read post]
10 Mar 2020, 12:06 pm
  Both, together, then, could serve as the basis for the re-alignment of China's place in the world and offer to its partners an alternative road to prosperity and social order. [read post]
16 Apr 2023, 2:56 am by Florian Mueller
The European Commission's U-turn on standard-essential patent (SEP) pools is remarkable and apparently attributable to lobbying by certain parties, facilitated by DG GROW's mistake of relying on an adviser whose business benefits from complex licensing processes entailing many bilateral negotiations (and disputes). [read post]
13 Apr 2016, 11:16 am by Daniel Shaviro
  Employees are giving more than previously (e.g., suppose they are in effect giving away expected future wages), so their supply of labor at $X should increase. [read post]
1 May 2020, 9:54 am
  The ultimate object, of course, for politicians, is to maximize the likelihood of re-election. [read post]
14 Jun 2019, 8:27 am by Rebecca Tushnet
  There is sharing at conferences, e.g. open source/AI (except Apple). [read post]
6 Feb 2015, 8:11 am by Rebecca Tushnet
  May want to deal with that, unless you’re just interested in competitive issues in claming color per se. [read post]
26 Jul 2010, 10:01 am by Susan Brenner
We’re going to assume Roe gives it to him. [read post]
27 Apr 2024, 2:40 pm by Marty Lederman
 In truth, they're best understood to stand for this far-more-modest proposition, which appears in the 1995 OLC opinion on which Trump places the most weight:  “[A] statute that does not by its express terms apply to the President may not be applied to the President if doing so would raise a serious question under the separation of powers. [read post]
18 Apr 2022, 4:30 am by Michael C. Dorf
Nor does he explain how an admonition against literal disparagement (e.g., judges can't say "there should be no right to same-sex marriage in a state statute" because that would "disparage" rights protected by another source) would be consistent with the First Amendment. [read post]
10 Apr 2017, 8:18 am
If a similar declaration was granted by a Court in another EU jurisdiction, would it be accepted as res judicata by the Court here? [read post]
14 Nov 2024, 6:00 am by Neil H. Buchanan
  Some of them truly are deplorable (see, e.g., Stephen Moore and Steve Bannon), while others have already come to their senses. [read post]
22 Sep 2018, 1:20 pm by Ilya Somin
"We're not just gonna let (the animals) suffer and die and drown," she said.... [read post]
5 Apr 2024, 8:36 am by Neil H. Buchanan
  He also gleefully tosses in the word "fascist" on his laundry list of insults (see, e.g., his wailing about the "radical left Democrats, Marxists, communists, and fascists" who torment him so).Escalating the projection, Trump recently said this: "If we don't win this election, I don't think you're going to have another election in this country. [read post]