Author Archives: rtushnet

WIPIP: Copyright: Incentives and the Digital Age

Posted on February 1, 2025 by rtushnet

Tang, Creative Labor in the Age of Platform Capitalism Theories of expressive work and creativity: lead to idea that AI training itself is not a © problem b/c it doesn’t use work expressively. Past idea: digital creativity enhances autonomy by … Continue reading →

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WIPIP: Innovation policy

Posted on February 1, 2025 by rtushnet

Michael Burstein, The Law of the Direction of Innovation Foundational texts: NBER Rate and Direction of Inventive Activity, and revisited. But we need to ask: what innovation should we prioritize? What innovation, by whom, and for whom? These are contestable … Continue reading →

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WIPIP: Copyright: Infringement & Enforcement

Posted on February 1, 2025 by rtushnet

McFarlin, Restoring Joint Authorship We apply a separate accrual approach to © infringement: Petrella. But a one-time plain & express repudiation of joint authorship to a claim for accounting, Zuill, 9th Circuit. Should we continue to do so? Chuck Berry … Continue reading →

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WIPIP: IP for the Larger World

Posted on January 31, 2025 by rtushnet

Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to export? Many US academics many not think it’s the greatest idea—if we had a … Continue reading →

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WIPIP Panel 2B Copyright: Authorship, Ownership

Posted on January 31, 2025 by rtushnet

Newman, Adoption as Authorship Concept of being an author: personally generating all the sensory signals other humans will process as part of the work—comes into being because my mind decides to put it there and my body guides it. Certainly … Continue reading →

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WIPIP, UNLV: TM Protectability

Posted on January 31, 2025 by rtushnet

Jeanne Fromer (with Beebe and Stein), An Empirical Picture of Trademark Law We are running out of competitively effective word marks. What about images? Word marks dominate consistently over time, but numbers have increased in every category. Our definitions: images … Continue reading →

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NYC loses greenwashing case against Exxon and pals

Posted on January 23, 2025 by rtushnet

City of New York v. Exxon Mobil Corp., — N.Y.S.3d —-, 2025 WL 209843, No. 451071/2021 (N.Y.S. Ct. Jan. 14, 2025) Probably not the last we’ll hear about this, but the court dismissed the City’s two consumer protection claims against … Continue reading →

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GIGO? literal falsity and a remedy mismatch

Posted on January 22, 2025 by rtushnet

InSinkErator LLC v. Joneca Co., No. 8:24-cv-02600-JVS-ADS, 2025 WL 250032 (C.D. Cal. Jan. 10, 2025) InSinkErator, allegedly the world’s largest manufacturer of garbage disposals for home and commercial use (and to its shame, an entity that sued a TV show … Continue reading →

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annoyingly redacted opinion finds Block falsely advertised versus TurboTax

Posted on January 20, 2025 by rtushnet

Intuit Inc. v. HRB Tax Gp., Inc., 2024 WL 5320392, No. 5:24-cv-00253-BLF (N.D. Cal. Dec. 3, 2024) Intuit, which makes TurboTax and has had some advertising troubles of its own (hey, check out the IRS Free File program, for taxpayers … Continue reading →

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materiality survey is in–even with 20 industry employees as respondents

Posted on January 17, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Under Armour, INC., 2025 WL 82336, No. 2:20-CV-664-NR (W.D. Pa. Jan. 13, 2025) MET sued Under Armour for multiple things, including false advertising, and here MET sought to exclude the testimony of Under Armour’s consumer … Continue reading →

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