Author Archives: rtushnet

Next Great Copyright Act Conference: Larry Lessig

David Nelson Memorial Keynote Lecture Introduction by Andrew E. Monach, Morrison & Foerster LLP Lawrence Lessig, Harvard University Aaron Swartz: How will you ever solve the problem of laws that choke creativity with a government that’s so corrupt. Lessig said … Continue reading →

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Next Great Copyright Act Conference, quasi-copyright

Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading →

Posted in cmi, contracts, copyright, drm, http://schemas.google.com/blogger/2008/kind#post, music, preemption, presentations, right of publicity, trademark | Leave a comment

Next Great Copyright Act Conference, libraries

Reforms Affecting Schools, Libraries, Archives, and Museums Moderator: Tom Hemnes, GTC Law Group LLP & Affiliates Ruth Okediji, University of Minnesota Law School Schools don’t play a central role in the last Copyright Act; the next shouldn’t take the same … Continue reading →

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The Next Great Copyright Act Conference, exceptions and limitations

Exception & Limitation Reforms Moderator: Andrew Gass, Latham & Watkins Jessica Litman, University of Michigan Law School Saying that the most important reason for copyright is to encourage readers etc. to experience works of authorship might suggest that readers etc. … Continue reading →

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The Next Great Copyright Act Conference, music

Music Industry Specific Reforms Moderator: Lydia Loren, Lewis & Clark Law School Rube Goldberg-like design of rules, antitrust degrees, licenses, etc.: reform is hardest to contemplate, but most desperately needed.  So we need some ideas. Gary Greenstein, Wilson Sonsini Goodrich … Continue reading →

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The Next Great Copyright Act Conference, part 3

Secondary Liability and Safe Harbors Moderator: Andrew Bridges, Fenwick & West LLP Shira Perlmutter, USPTO §512 was intensively negotiated and complex; intended to be a very careful balancing act, so carefully balanced that the participants would’ve told you that every … Continue reading →

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The Next Great Copyright Act Conference, part 2

Exclusive Rights and Infringement Moderator: Kristen McCallion, Fish & Richardson Gerard Lewis, Comcast Courts have enshrined various business models—is that a good model going forward?  Public performance: relatively new right. History of figuring out whether communication to the public was … Continue reading →

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The Next Great Copyright Act Conference, Berkeley: part 1

Copyright Subject Matter and Formalities Moderator: Daralyn Durie, Durie Tangri Tony Reese, UC Irvine Law School Revising the © Act will require defining the scope of subject matter; not recently controversial but important threshold question—hard to evaluate rights and remedies … Continue reading →

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mandatory disclosure doesn’t have to correct deception

American Meat Institute v. United States Department of Agriculture, No. 13-5281 (D.C. Cir. Mar. 28, 2014) The court rejects challenges to meat labeling rules that demonstrate once again that commercial speech regulation and the post-Lochner settlement are inextricably linked. Here, … Continue reading →

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It’s an ex-competitor: plaintiff whose service shuffled off this mortal coil lacks standing

Think Computer Corp. v. Dwolla, Inc., No. 13–CV–02054, 2014 WL 1266213 (N.D. Cal. Mar. 24, 2014) Think is a money service business (MSB) and developer of a mobile payment system platform called FaceCash, launched in April 2010.  Defendants were money … Continue reading →

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