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25 Apr 2014, 5:36 am by DMLP Staff
Tarantino further argued that Gawker's fair use argument was premature as asserting an affirmative defense, but went on to argue that Gawker's use was not fair because: (1) the primary purpose of the infringing use was commercial, not news reporting; (2) the use was not transformative; (3) the screenplay was unpublished; (4) the screenplay was a creative work, (5) the entire screenplay was made available; and (6) the disclosure of the screenplay… [read post]
21 Apr 2009, 3:00 pm
Yesterday the Court agreed to consider this question in No. 08-1065, Pottawattamie County, Iowa v. [read post]
4 Mar 2009, 7:21 pm
Levine, No. 06-1249 In a tort action based on an injury due to the medical use of Wyeth’s drug Phenergan, judgment for respondent Levine is affirmed where Federal law does not preempt Levine’s claim that the drug’s label did [...] [read post]
8 Jun 2020, 6:30 am by Second Circuit Civil Rights Blog
This employment discrimination case reminds us that management has much leeway in disciplining employees, and that even if the plaintiff makes out a prima facie case, the employer can get around that by showing it still had good reason to demote the plaintiff.The case is Carter v. [read post]
8 Nov 2022, 5:31 am by Etta Lanum
The Ninth Circuit precedent has consistently held that Section 230(e)(1) applies only to criminal prosecutions and, in Jane Doe 1 v. [read post]
23 Feb 2015, 4:06 am by Terry Hart
But whether or not Kienitz represents a good vehicle for Supreme Court review, I think the occasion does provide a good place to reiterate the importance of necessity to fair use. [read post]