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12 Oct 2017, 4:22 pm by INFORRM
A person signing a DMCA notice must state a good faith belief that the use is not authorized, declare her authority to act under penalty of perjury, and risk damages for misrepresentation under section 512(f).[3] That source of protection has not technically disappeared, but its value is largely lost when notices are generated not by a person, but by a machine. [read post]
11 Oct 2017, 5:41 pm by Kevin LaCroix
As I have detailed on this blog (most recently here), due to two Delaware court decisions — the Delaware Supreme Court’s 2015 decision in Corwin v. [read post]
11 Oct 2017, 5:41 pm by Kevin LaCroix
As I have detailed on this blog (most recently here), due to two Delaware court decisions — the Delaware Supreme Court’s 2015 decision in Corwin v. [read post]
11 Oct 2017, 6:00 am by Beth Graham
Morris case that is currently being considered, along with two similar cases, by the Supreme Court of the United States. [read post]
11 Oct 2017, 4:37 am by SHG
[v] The Manual would serve as an excellent policy model for state prosecutors to adopt. [read post]
11 Oct 2017, 4:16 am by SHG
If Justice Breyer’s opinion in Van de Kamp seems to facially conflict with Connick v. [read post]
Affirming the trial court, the First District Court of Appeal held that the petitioners failed to provide substantial evidence of a fair argument of a reasonable possibility of a significant environmental effect as a result of the stated unusual circumstance. [read post]
Affirming the trial court, the First District Court of Appeal held that the petitioners failed to provide substantial evidence of a fair argument of a reasonable possibility of a significant environmental effect as a result of the stated unusual circumstance. [read post]
10 Oct 2017, 5:52 am by Barry Sookman
“The First Amendment protects these decisions, whether they are fair or unfair, or motivated by profit or altruism. [read post]
10 Oct 2017, 4:00 am by Xavier Beauchamp-Tremblay
This summer, the Supreme Court of Canada released its decision in the Google Inc. v. [read post]
10 Oct 2017, 1:08 am by Jani Ihalainen
There can be an argument under fair use in the US, which would be, in this writer's mind, a good one, but in the UK fair dealing would be more difficult to argue. [read post]
9 Oct 2017, 4:53 pm by INFORRM
In (weak) defense of section 512(g), the transparency and expectation of procedural fairness created by the counter-notice process may be acting as a deterrent for some bad faith removal requests. [read post]