Author Archives: rtushnet

Just another lawsuit out of Boston

Posted on September 24, 2015 by rtushnet

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015)   Scholz and Goudreau were both members of the band Boston.  Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving … Continue reading →

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omission from “comprehensive” database wasn’t actionable misrepresentation

Posted on September 24, 2015 by rtushnet

Alexso, Inc. v. First Databank, Inc., 2015 WL 5554005, No. CV 15-01893 (C.D. Cal. Sept. 21, 2015)   Alexso makes kits that pharmacies use to compound prescription drugs.  FDB publishes databases that provide information about drug products to the healthcare … Continue reading →

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xkcd on Happy Birthday

Posted on September 23, 2015 by rtushnet

As usual, xkcd has a great take. from Blogger http://ift.tt/1Jpu7DZ

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New paper on deceptive advertising from Seana Shiffrin

Posted on September 23, 2015 by rtushnet

Seana Shiffrin, Deceptive Advertising and Taking Responsibility for Others, Oxford Handbook of Food Ethics, ed. Tyler Doggett, Anne Barnhill and Mark Budolfson, Forthcoming: This paper considers how the law of deceptive advertising embeds within it an extended form of responsibility, … Continue reading →

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Google can’t avoid class action just because damages are variable

Posted on September 22, 2015 by rtushnet

Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752 (9th Cir.  Sept. 21, 2015)   From 2004-08, many advertisers used Google’s AdWords to bid for Google to put their ads on websites. Pulaski sued under the California UCL and FAL, … Continue reading →

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A pox on both their steel buildings: unusual copyright and false advertising rulings

Posted on September 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — F. Supp. 3d –, No. 13-cv-00769, 2015 WL 5353080 (D. Colo. Sept. 15, 2015)   A bizarre copyright fair use ruling mars this iteration of this long-running, bitter dispute between the parties, … Continue reading →

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AU Fair Use event: Best Practices in Fair Use/the Future

Posted on September 17, 2015 by rtushnet

Jaszi: DMCA left us somewhat bruised; the next time we set out to do something useful, we asked what could be done without requiring congressional authority?  Go back to 1991, when film scholar Kristin Thompson was prominent in the Society … Continue reading →

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AU, Copyright Advocacy and Fair Use Education 1995-2015

Posted on September 17, 2015 by rtushnet

Public Interest Copyright Advocacy and Fair Use Education 1995-2015   This event celebrates significant anniversaries of two initiatives that were launched at AUWCL – the 20th anniversary of the founding of the Digital Future Coalition, the first broad-based civil society … Continue reading →

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New article on self-publishing, with Eric Goldman

Posted on September 17, 2015 by rtushnet

Eric Goldman and I have written Self-Publishing an Electronic Casebook Benefited Our Readers–And Us, in the Washington Journal of Law, Technology & Arts. from Blogger http://ift.tt/1KTXYvt

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Delicious and scandalous?

Posted on September 17, 2015 by rtushnet

I just came across Pinches Tacos, a restaurant that sounds yummy.  When registering its mark, the company represented that the translation was “kitchen boys.”  According to the internet … not so much, for speakers of Mexican Spanish.  Scandalous? from Blogger … Continue reading →

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