Category Archives: dmca

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

Garcia v. Google briefs

Posted on November 26, 2014 by rtushnet

Going up at the Ninth Circuit’s site.  The Organization for Transformative Works filed a brief arguing that the injunction wrongly circumvented the protections of CDA 230 and the DMCA, available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in 230, dmca, google, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Organization for Transformative Works fundraising drive

Posted on October 21, 2014 by rtushnet

Fandom makes wonderful things!  Help support our commitment to preserving and protecting noncommercial transformative works, including our forthcoming work on renewing the DMCA exemption for vidders! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dmca, fan fiction, fanworks | Leave a comment

Oh No They Didn’t infringe: Livejournal gets DMCA safe harbor

Posted on September 24, 2014 by rtushnet

Eric Goldman on Mavrix Photographs LLC v. LiveJournal, Inc., No. 8:13-cv-00517-CJC-JPR (C.D. Cal. Sept. 19, 2014): plaintiff refuses to send DMCA notices to host website, sues instead.  As Eric says, this is a great case for a fee-shift, since (1) … Continue reading →

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House hearing on 1201

Posted on September 18, 2014 by rtushnet

House Judiciary Hearing, Subcommittee on Courts, the Internet, and Intellectual Property: 1201 Bonus Library Copyright Alliance statement. Rep. Marino: DMCA is important but there are concerns about misuses; fortunately courts have generally gotten it right to avoid anticompetitive behavior.  We … Continue reading →

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IPSC part 8: second plenary: copyright reform/innovation policy

Posted on August 8, 2014 by rtushnet

Copyright Reform and the Academy Shira Perlmutter Chief Policy Officer & Director for International Affairs US Patent and Trademark Office (USPTO) We seem to be poised at the brink of very significant change.  Matching tech change, but policy evolution has … Continue reading →

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IPSC part 6: copyright/TM enforcement

Posted on August 8, 2014 by rtushnet

Fourth Breakout Session Copyright and Trademark Enforcement Do ‘Groundless Threats’ Statutes Curtail IP Over-Enforcement? William Gallagher Research interest: how disputes are negotiated and resolved outside of court, as most legal disputes are.  Studying it qualitatively, based on interviews w/lawyers and … Continue reading →

Posted in copyright, dmca, http://schemas.google.com/blogger/2008/kind#post, secondary liability, trademark | Leave a comment

IPSC part 3: judicial panel

Posted on August 7, 2014 by rtushnet

Judicial Panel: Chief Judge Diane Wood (7th Circuit) and Chief Judge Alex Kozinski (9th Circuit) Peter Menell: Discussion question: is IP common law? Wood: throughout the federal level, we are not a pure common law system, nor a civil law … Continue reading →

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Is DRM the source of Hachette’s troubles?

Posted on June 20, 2014 by rtushnet

So argues Cory Doctorow.  He makes a point that also came up at the 1201 exemption hearings: the copyright owner does not clearly have the right to authorize a user to strip DRM from a work, where the copyright owner … Continue reading →

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The Next Great Copyright Act Conference, part 3

Posted on April 3, 2014 by rtushnet

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 →

Posted in copyright, dmca, http://schemas.google.com/blogger/2008/kind#post, secondary liability | Leave a comment