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23 Apr 2017, 1:18 pm
However, the Plaintiff maintains that the duty that should be imposed is consistent with the public policy of the State of New York, which has established similar duties to third parties in other cases.If Plaintiff's argument is entertained, the Court would be forced to engage in a profound re-examination of negligence law that was addressed in Palsgraf v. [read post]
10 Feb 2017, 2:05 pm by Rebecca Tushnet
  [I think we all actually agree w/him but are not sure why these solutions would spur these non-creators (if non-creators they are) to create.] [read post]
10 Feb 2017, 9:39 am by Rebecca Tushnet
  There is a lot of overlap w/genericity, but it’s harder for product design. [read post]
22 Jul 2016, 11:16 am
To the contrary, the state acknowledged that defendant's motives were `political shenanigans * * * on the Internet’ and `entertainment. [read post]
19 May 2016, 7:43 am by Rebecca Tushnet
 Allan Adler Association of American Publishers: Recognized early on [that is, before there was evidence], b/c this legislation was the result of an int’l treaty determining that legal protections were important. [read post]
3 May 2016, 1:42 am by Dennis Crouch
MGA Entertainment, Inc., et al., No. 15-635 (Stryker/Halo follow-on – potential wait-and-see) Damages: WesternGeco LLC v. [read post]
2 May 2016, 9:20 pm by Rebecca Tushnet
  512(l): failure to qualify for safe harbor doesn’t necessarily mean they’re liable for infringement. [read post]