Category Archives: contracts

Reading list: Orly Lobel on employment law as IP law

Posted on November 21, 2014 by rtushnet

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property.  Abstract: Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific methods, and technological advances – … Continue reading →

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"we can do anything" ToS might be unconscionable, providing remedy for loss of music

Posted on November 3, 2014 by rtushnet

MacKinnon v. IMVU, Inc., No. H039236  (Cal. Ct. App. Oct. 30, 2014) MacKinnon sued IMVU, which runs an entertainment service, the “instant messaging virtual universe,” alleging that IMVU deceived users about music purchases and wrongfully restricted users’ ability to play … Continue reading →

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TM, advertising claims excluded from LivingSocial’s arbitration agreement

Posted on October 27, 2014 by rtushnet

Faegin, v. LivingSocial, Inc., No. 14cv00418, 2014 WL 5307186 (S.D. Cal. Oct. 15, 2014) Plaintiffs (A.T. Your Service Cleaning and Janitorial) sued defendants for trademark infringement and related business torts.  ATYS is a cleaning service in San Diego.  LivingSocial is … Continue reading →

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Music you can’t get in a library

Posted on July 29, 2014 by rtushnet

Planning for musical obsolescence: How digital licensing is destroying our ability to preserve history. Excerpt: When one goes to the LA Philharmonic site about this recording of Symphonie Fantastique and tries to purchase it, one is directed to the iTunes … Continue reading →

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Even big businesses need consumer protection law

Posted on May 19, 2014 by rtushnet

American Demolition and Nuclear Decommissioning, Inc. v. IBCS Group, Inc., 2014 WL 1906791, No. 3:11CV00078 (W.D. Va. May 13, 2014) ADND (now there’s an acronym!) is a New York corporation that provides demolition, decommissioning, and environmental remediation services. In 2009, … Continue reading →

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Adam Levitin responds to General Mills

Posted on April 17, 2014 by rtushnet

Here: By permitting, allowing, or suffering me to purchase any of your products or services, whether directly from you or indirectly through dealers, vendors, agents, or other third-parties, you agree to irrevocably surrender all rights to compel me to arbitration … Continue reading →

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ordinary consumer goods jump on the lawsuit waiver bandwagon

Posted on April 17, 2014 by rtushnet

We all knew it was only a matter of time.  Apparently not sure that merely buying a product with a lawsuit waiver on the wrapper would work, GM now seeks to bind consumers who visit its website or “like” its … Continue reading →

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Phone resale not infringing even when reseller defaults

Posted on April 10, 2014 by rtushnet

T–Mobile USA, Inc. v. Chong, 2014 WL 1350896, No. C13–29 (W.D. Wash. Apr. 4, 2014) T-Mobile moved for the second time for default judgment; the court only granted it in part, though giving T-Mobile what it wanted in the form … Continue reading →

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Next Great Copyright Act Conference, quasi-copyright

Posted on April 4, 2014 by rtushnet

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

Consumer law and copyright conferences in April

Posted on March 24, 2014 by rtushnet

Making the Fine Print Fair, Georgetown Law symposium, April 4 The Georgetown Consumer Law Society and Citizen Works are hosting a symposium, Making the Fine Print Fair, at Georgetown on April 4 from 8:30 a.m. to 6:30 p.m.  From the … Continue reading →

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