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10 May 2014, 3:47 am by Ben
Because the jury deadlocked on fair use, we remand for further consideration of Google’s fair use defense in light of this decision. [read post]
22 Jul 2015, 8:44 pm by Florian Mueller
The parties still have until midnight California time on Thursday to file their status reports.Finally, here's the letter: 15-07-22 Oracle Letter Re. [read post]
21 Apr 2020, 3:19 pm by Katharine Trendacosta
Mandatory copyright filters aren't a way to control Big Tech: they're a way for Big Tech to buy Perpetual Internet Domination licenses that guarantee that they need never fear a competitor. [read post]
15 Aug 2014, 7:16 am
As explained by Cornish, Llewelyn and Aplin, to fall within section 30 CDPA exception, it is required that (1) the event itself is current (so no extracts from football matches that took place years ago); and (2) the dealing is fair. [read post]
8 Apr 2015, 8:53 am by Rebecca Tushnet
  This is why litigation can’t substitute for regulation, but if we’re not going to have regulation, punitive damages don’t seem unwarranted. [read post]
4 May 2020, 5:00 pm
We’re social creatures, to be sure; our origins are opaque. [read post]
5 Jul 2023, 7:43 pm by Jacob Katz Cogan
La Cour contribue de manière décisive à la protection des droits de l’homme à l’échelle du continent africain, en statuant sur de nombreuses plaintes dont certaines ont des implications politiques et sociales très fortes. [read post]
19 Sep 2022, 10:33 am by Florian Mueller
They should draw the appropriate conclusions now.Investigative journalists may very well find other entities beholden to Apple, such as a set of Twitter accounts (not even sure those are actually distinct persons) called FAIRREP, which claims to speak for more than a billion Apple customers, but by and large (apart from low-priority exceptions) just echoes Apple's arguments in support of its App Store monopoly and against the right to repair.While low-key compared to Apple, the… [read post]
12 Feb 2019, 4:34 pm
They’re made up of pages upon pages of terms, provisions, and seemingly unlikely and obscure legal qualifiers. [read post]
21 Dec 2018, 5:27 pm by Stephanie Lacambra
For example, the rate of re-arrest is often used as a proxy to predict future criminality. [read post]
4 Aug 2023, 11:00 am by Joy
Somya Grover: This case has again exposed a deeply flawed immigration system, rife with manipulation and exploitation, that warrants an overdue, critical re-examination. [read post]
6 Jun 2019, 9:02 am by Rebecca Tushnet
The district court reasoned:[P]arody is ill-suited to analysis under the three nominative fair use factors because the use rarely will be: (1) necessary to describe plaintiff s product or service, since parody involves distortion and alteration rather than description [probably not a good reading of “necessary,” which is about whether people will know what you’re talking about, and the use of Ebony’s mark in the parody is pretty necessary]; (2) limited to… [read post]
10 Jul 2014, 7:06 pm
The quantum of proof required to prove kinship is a fair preponderance of the credible evidence. [read post]
19 Feb 2025, 4:19 am by Paige Collings
This is the right approach, which we will build on as we contribute to the debate around the upcoming Digital Fairness Act. [read post]
9 Feb 2015, 9:54 am by Jeremy Malcolm
But they're not; rather, the USTR has free reign to castigate its trading partners for whatever reasons it can come up with. [read post]
23 Apr 2016, 9:54 am by Andrew Delaney
In re Estate of Dezotell, 2016 VT 14By Amy E. [read post]