Category Archives: copyright

WIPIP Session 4, Cross-IP

Posted on February 6, 2015 by rtushnet

Mark Lemley (& Mark McKenna), Scope   Midnight in the Garden of Good & Evil copyright infringement case.  Court rejects invalidity claim: the photo has some creative elements.  So it has to go to a jury on infringement. But we … Continue reading →

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WIPIP Session 3: Copyright

Posted on February 6, 2015 by rtushnet

Session 3, Copyright Abraham Bell (& Gideon Parchomovsky), Copyright Trust   Incentives to create: if we recognize too few owners, then we haven’t incentivized them enough.  If we have too many owners, we disturb the efficiency of use.  Many owners … Continue reading →

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Dastar doesn’t bar true reverse passing off claim

Posted on February 2, 2015 by rtushnet

Luxul Technology Inc. v. NectarLux, LLC, — F.Supp.3d —-, 2015 WL 352048, No. 14-CV-03656 (N.D. Cal. Jan. 26, 2015)   Luxul makes LED products. Its patented EazyLux LED tube lamps can replace fluorescent tube lamps without rewiring. The parties contracted … Continue reading →

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Dial U for unfair competition?

Posted on January 20, 2015 by rtushnet

Liveperson, Inc. v. 24/7 Customer, Inc., 2015 WL 170348, No. 14 Civ. 1559 (S.D.N.Y. Jan. 13, 2015)   LivePerson “provides customers with live-interaction and customer engagement technology for e-commerce websites, enabling businesses to interact in real-time with their website customers.”  … Continue reading →

Posted in cfaa, copyright, dmca, drm, http://schemas.google.com/blogger/2008/kind#post, trade secrets, unfairness | Leave a comment

Transformative work of the day

Posted on January 9, 2015 by rtushnet

Six country songs from last year, played over each other.  I’m not a fan of the genre, but this strikes me as very well done as well as funny. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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B&N almost entirely off the hook for copying backpack design

Posted on December 5, 2014 by rtushnet

Rubio v. Barnes & Noble, Inc., 2014 WL 6769150, No. 14–CV–6561 (S.D.N.Y Nov. 11, 2014) Rubio sued her alma mater, the Fashion Institute of Technology (FIT) and Barnes & Noble, Inc. for copying her original drawing of a backpack, producing … Continue reading →

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Guest post: Peter DiCola’s notes from Notre Dame roundtable on The Eureka Myth

Posted on November 10, 2014 by rtushnet

Jessica Silbey’s _The Eureka Myth_ Book Roundtable at Notre Dame November 7th, 2014 Notes from Peter DiCola *Panel #1* 1) David Schwartz — Praise for the book — Will raise a few methodological issues — Issue of representativeness of the … Continue reading →

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The Eureka Myth: Reputation

Posted on November 7, 2014 by rtushnet

Fourth Session: Reputation and Policy Take-Aways Abraham Drassinower: what does thinking about misalignment tell us how to think about IP?  Move from debunking eureka myth to debunking the myth of progress.  Misalignment of IP with its own justifications, needs of … Continue reading →

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Eureka Myth roundtable: Communities and Creativity

Posted on November 7, 2014 by rtushnet

Third Session: Communities and Creativity Rebecca Tushnet: Silbey’s choice of subjects are those who are the targets of IP law: inventors, artists, various types of intermediary facilitators like lawyers.  They are very important.  (Unsurprisingly, they are not utility monsters, such … Continue reading →

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Roundtable on Jessica Silbey’s The Eureka Myth

Posted on November 7, 2014 by rtushnet

Roundtable on Jessica Silbey’s The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property University of Notre Dame Law School [I was very sorry that I arrived late due to a missed connection the previous night] Second Session: Distribution Models and … Continue reading →

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