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30 Mar 2023, 2:44 am
And indeed it is hard to see, on the basis of the reported judgment, how the judge’s (Marcus Smith J’s) conclusion could have been otherwise.The case is an important one because copyright infringement claims so often rely on inferences. [read post]
29 Mar 2023, 4:39 pm
Smith. [read post]
29 Mar 2023, 2:48 pm
I don’t know that venue has to be presented to a jury in every case. [read post]
29 Mar 2023, 12:52 am
Author Stacey Harris Licence CC BY-SA 2.0 Source Wikimedia Commons Jane LambertBusiness and Property Courts, Intellectual Property List (Mr Justice Marcus Smith) Molavi v Gilbert and others [2023] EWHC 646 (Ch) (23 March 2023)This was an application under CPR 24.2 (1) (i), by the writer, Virginia Gilbert, BBC Studios Production Ltd and the British Broadcasting Corporation for summary judgment [read post]
28 Mar 2023, 7:59 am
If I spontaneously say "John Smith is a convicted child molester," and follow it up with five sentences of explanation, that oral statement not protected by copyright because it's not fixed in a tangible medium of expression. [read post]
28 Mar 2023, 5:56 am
Danforth, John Lucian Smith, Jr. [read post]
27 Mar 2023, 1:09 pm
I don't think this is consistent with how libel law sees things, and I want to explain why. [read post]
[Eugene Volokh] Why § 230 Likely Doesn't Provide Immunity for Libels Composed by ChatGPT, Bard, etc.
27 Mar 2023, 9:30 am
Smith, 333 F.3d 1018, 1026 (9th Cir. 2003), superseded in part by statute on other grounds as stated in Breazeale v. [read post]
26 Mar 2023, 4:03 pm
Smith v. [read post]
25 Mar 2023, 2:40 pm
I criticize them in some detail in my article on Knick (also available here). [read post]
25 Mar 2023, 4:12 am
As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems. [read post]
24 Mar 2023, 2:22 pm
Likewise, if I write "I may be misremembering, but I recall that Mary Johnson had been convicted of embezzlement," that could be libelous despite my "I may be misremembering" disclaimer. [read post]
24 Mar 2023, 6:07 am
“Timelines is a critical feature set within DISCO’s product portfolio, and its release underscores how we’re thinking about the future in terms of developing an end-to-end platform for lawyers and a fully closed ecosystem for sensitive data,” said Kevin Smith, DISCO’s Chief Product Officer. [read post]
23 Mar 2023, 3:35 am
For full disclosure purposes, I note that I represented an Additional Defendant in this case. [read post]
22 Mar 2023, 7:37 pm
The local business people successfully twisted Smith's arm and killed it. [read post]
22 Mar 2023, 8:29 am
., the provisions that require an ad to say “I’m John Smith and I approved this message”), Section 315 states that the certification should cover any ad by the candidate or their “authorized committee. [read post]
22 Mar 2023, 5:16 am
As I argued in a Lawfare article two years ago, Congress should step in to devise a balanced notice liability system. [read post]
21 Mar 2023, 7:01 am
I initially designed this course when I visited Georgetown in 2005. [read post]
21 Mar 2023, 3:02 am
‘There’s [sic] no shortcuts to banging ideas’, Mellor&Smith stated. [read post]
15 Mar 2023, 10:00 pm
In this context, I was reminded of one of psychology’s most useful concepts – ‘naive realism. [read post]