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12 Feb 2014, 10:16 pm
Google Android-Java trial in 2012 (I said "first" because there can be no reasonable doubt that, absent a settlement, there will be a second jury trial in that case, at the very least to determine damages, possibly also for "fair use"). [read post]
14 Sep 2023, 9:21 am
But cf the thought-provoking points made in A Hui – F Dohl, ‘Collateral damage: reuse in the arts and the new role of quotation provisions in countries with free use provisions after the ECJ’s Pelham, Funke Medien and Spiegel Online judgments’ (2021) 52(7) IIC 852, 883-885.)In addition, by regarding the ‘fair balance’ mandate as a general principle of EU law, the Italian Supreme Court identified a trend towards a greater visibility of the EU… [read post]
2 Oct 2008, 2:02 pm
To exist is to be indexedHow was indexing of the web accomplished- Bracha, Googlization of Everything- /Turning Coopyrith of Its Head"- Robots.txtThe future: battle of the forms to meets botsCurrent battle: Google Book SerachCopyright and InequalityWhat happens when a private company like Google effectively takes over a public function-Open Content Alliance's critiwque- One future that is not ruled out - Bidding among universities for tiered access - Increasing inequality of access to… [read post]
10 Mar 2015, 5:02 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalShare this: || Join EFF [read post]
11 Feb 2019, 2:03 pm
Could be clarifying of infringement provisions or (better) standalone fair use provisions. [read post]
17 Dec 2015, 3:22 am
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade Agreements and Digital RightsTrans-Pacific Partnership AgreementShare this: || Join EFF [read post]
2 Oct 2008, 2:02 pm
To exist is to be indexedHow was indexing of the web accomplished- Bracha, Googlization of Everything- /Turning Coopyrith of Its Head"- Robots.txtThe future: battle of the forms to meets botsCurrent battle: Google Book SerachCopyright and InequalityWhat happens when a private company like Google effectively takes over a public function-Open Content Alliance's critiwque- One future that is not ruled out - Bidding among universities for tiered access - Increasing inequality of access to… [read post]
27 Jan 2015, 9:42 am
Related Issues: Fair Use and Intellectual Property: Defending the BalanceShare this: || Join EFF [read post]
19 Sep 2022, 10:33 am
I'm just one of various people dealing with App Store and standard-essential patent issues, and it was transparent that no genuine app developer organization would take positions that exclusively benefit Apple and harm us, the real developers.The question of what it tells us about Apple's business ethics to engage in this is very relevant, but Apple is not going to answer it. [read post]
16 Feb 2018, 8:20 am
The Court held that - among other things - even assuming that the public display right is engaged in acts of linking, US law still retains "a very serious and strong fair use defense, a defense under the Digital Millennium Copyright Act, and limitations on damages from innocent infringement. [read post]
24 Feb 2015, 2:35 pm
Indeed, whether a use of copyrighted material constitutes a fair use protected by federal copyright law is often a question only a human can answer, after taking into account the context and purpose of the speech in question. [read post]
26 Mar 2015, 2:28 am
Reda also wants to add more flexibility to the aforementioned exceptions, and her argument echoes that of US and Canadian fair use where the exceptions are less à la carte, and more malleable to a different assortment of uses based on the use and their impact on the original works.Hyperlinking is currently the topic of choice at the ECJ, and Ms. [read post]
14 Jul 2014, 4:32 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceFixing Copyright? [read post]
21 Feb 2015, 1:30 am
Among other things, eg introducing US-style fair use into Australian copyright law thus replacing current fair dealing approach, debate has focused on ameliorating enforcement in online infringement cases. [read post]
11 Oct 2015, 11:59 am
The main reason is that the worlds of derivative works, adaptations, fair use (especially the transformative use part) and fair dealing (parody/caricature/pastiche) all intersect. [read post]
14 May 2014, 2:57 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCASOPA/PIPA: Internet Blacklist LegislationInternationalShare this: || Join EFF [read post]
31 Jul 2013, 12:00 am
Focus Areas: Copyright and Fair UsePrivacyRelated Topics: First AmendmentFree SpeechIntellectual Property [read post]
19 Jan 2015, 12:12 am
It is full harmonisation of copyright, by using Article 118 of the Treaty on the Functioning of the European Union as the legal basis for the adoption of an EU copyright regulation. [read post]
2 Jan 2015, 9:46 am
;) Focus Areas: Architecture and Public PolicyCopyright and Fair Use [read post]
15 Feb 2016, 3:30 am
The Treaty certainly has the flexibility to allow countries at different speeds or stages of development to take into account the level of commercially available offerings.Although there is a reference to “fair practices, dealings or uses” – in the specific context of exceptions and limitations in favour of blind, visually impaired, or otherwise print disabled persons, subject to international obligations – we do not interpret this as an explicit reference… [read post]