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10 Mar 2020, 8:21 am by Timothy B. Lee
Google also argues that copyright's fair use doctrine allows for this kind of copying. [read post]
5 Mar 2020, 8:24 am by Jonathan Bailey
There, the court quashed the subpoena saying that the use of the pages was fair use. 2: RomUniverse Maintains Innocence and Demands Damages From Nintendo Next up today, Ernesto at Torrentfreak writes that RomUniverse has filed yet another defense of their practices and are now not only claiming that Nintendo actually owes them damages rather than the other way around. [read post]
3 Mar 2020, 3:09 pm by Rebecca Jeschke
EFF moved to quash the subpoena, arguing that the posts were lawful fair uses of the material, and therefore non-infringing. [read post]
2 Mar 2020, 10:15 am by Rebecca Tushnet
Would a licensing remedy be likely to broaden the scope of TM rights in ways we don’t like, as w/the arguments over fair use? [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
Can it tell us anything about images, fonts, slogans? [read post]
1 Mar 2020, 3:15 am by Barry Sookman
Google shows polarised views on copyright and fair use https://t.co/EBCUHtEs5P 2020-02-29 Apple Disables Clearview AI's App, Accusing the Face Recognition Firm of Violating Its Rules https://t.co/VGaC9dWunv 2020-02-29 WIPO stoush: US and China fight over candidate Weng Binyang for director-general https://t.co/FD6y2sQ8U2 2020-02-29 Facial Recognition Technology: What have we consented to? [read post]
28 Feb 2020, 7:48 am by Media Law Prof
Jane Ginsburg, Columbia Law School, is publishing Essay – Fair Use Factor Four Revisited: Valuing the ‘Value of the Copyrighted Work’ in the Journal of the Copyright Society of the USA (Spring 2020). [read post]
28 Feb 2020, 6:32 am by Firemark Law Team
  Show notes are located at www.entertainmentlawupdate.com/118 Repeat COPYRIGHT plaintiff (Richard Bell Indianapolis Skyline Photo) SHUT DOWN WITH ISSUE PRECLUSIONPERRY AMICUS BRIEF FILED BY 15 MUSICOLOGISTSLAWYER COPYRIGHTS EVERY MELODY KNOWN TO MAN TO PROVE A POINTED SHEERAN ORDERED TO REVEAL CONCERT INCOME IN  COPYRIGHT INFRINGEMENT CASEDRAKE WINS FAIR USE CASE IN APPELLATE COURTFIVE POINTZ APPELLATE COURT AFFIRMS PRIOR DECISIONIT WOULDN’T BE AN ELECTION… [read post]
28 Feb 2020, 6:00 am by Terry Hart
Google shows polarised views on copyright and fair use — Emmanuel Legrand surveys the over thirty amicus briefs filed in support of Oracle on the 19th. [read post]
24 Feb 2020, 10:02 am by Rebecca Tushnet
DMCA isn’t about illegal content (CSAM), whereas © infringement is illegal distribution, not illegal original content.Where it gets tricky is often where the use involves fair use b/c it can be difficult to build filters/automatic process to distinguish lawful/unlawful, which matters for our discussion b/c much of the content isn’t going to be easy to figure out.Many, many studies and anecdotal accounts of bad takedown notices. [read post]
24 Feb 2020, 4:05 am by Edith Roberts
Oracle America, a dispute over the copyright status of application programming interfaces, arguing that “What Google did here isn’t fair use[:] Instead of licensing code they did not write, they copied it, and dared Oracle to litigate. [read post]
21 Feb 2020, 3:45 am by Edith Roberts
Oracle America, a dispute over the copyright status of application programming interfaces, arguing that “it is time for the Supreme Court to course correct on Google’s outrageous interpretation of the ‘fair use’ doctrine under U.S. copyright law. [read post]
20 Feb 2020, 8:26 am by Jonathan Bailey
However, the lower court twice sided with Google, one ruling APIs don’t qualify for copyright protection and once that it was fair use, but both were overturned by the Appeals Court, setting the stage for the Supreme Court showdown. [read post]
19 Feb 2020, 12:50 pm by Howard Bashman
“Movie Studios Back Oracle in Supreme Court Fight Over Computer Code; The Motion Picture Association, minus Netflix, argues that software is ‘inherently different’ than works like movies and television shows — and so Google can’t defend theft of code as a ‘transformative’ fair use”: Eriq Gardner has this post at the “THR, Esq. [read post]
19 Feb 2020, 10:29 am by Rebecca Tushnet
Unsurprisingly, Netflix’s descriptive fair use defense was also not amenable to a motion to dismiss. [read post]
18 Feb 2020, 11:00 pm
She referred to an opinion which she wrote on the issue, where she stated that whether South Africa adopts a fair use or fair dealing provision, may not be the real issue. [read post]
18 Feb 2020, 8:36 am by Jonathan Bailey
Google previously submitted a brief with the Supreme Court making its case that the use was fair use. [read post]
17 Feb 2020, 12:58 am
CopyrightLots of IP enthusiasts reported and commented on the latest developments as Oracle filed its opening brief at the Supreme Court in Google v Oracle, the long-running battle over copyright subsistence in software programs and fair use, including the IPWatchdog. [read post]
14 Feb 2020, 2:06 pm by Jason Rantanen
Whether, as the jury found, petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use. 2. [read post]