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Recent Posts
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
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Category Archives: drm
DMCA hearings: MOOCs
Copyright Office: Jacqueline Charlesworth Michelle Choe Regan Smith Cy Donnelly Steve Ruhe John Riley Stacy Cheney (NTIA) 10:45am-12:15pm: Proposed Class 3: Audiovisual works – educational uses – massive open online courses (“MOOCs”) This proposed class would allow students and … Continue reading
DMCA hearing: university exemption
Copyright Office: Jacqueline Charlesworth Michelle Choe Regan Smith Cy Donnelly Steve Ruhe John Riley Stacy Cheney (NTIA) Proposed Class 1: Audiovisual works – educational uses – colleges and universities This proposed class would allow college and university faculty and … Continue reading
DMCA hearings, phone/tablet unlocking
Copyright Office: Jacqueline Charlesworth Michelle Choe Regan Smith Cy Donnelly Steve Ruhe John Riley Stacy Cheney (NTIA) Proposed Class 11-12: Unlocking – wireless telephone handsets and tablets Proposed class 11 would allow the unlocking of wireless telephone handsets. “Wireless … Continue reading
DMCA hearings, security research, opponents
Security research continued, opponents Copyright Office: Jacqueline Charlesworth Michelle Choe Regan Smith Cy Donnelly Steve Ruhe John Riley Stacy Cheney (NTIA) Opponents: Christian Troncoso, BSA | The Software Alliance: we support good faith security testing. We are surrounded … Continue reading
DMCA hearings: security research proponents
Library of Congress DMCA exemption hearings Proposed Class 25: Software – security research This proposed class would allow researchers to circumvent access controls in relation to computer programs, databases, and devices for purposes of good-faith testing, identifying, disclosing, and … Continue reading
DMCA hearings, LA: Guest post by Betsy Rosenblatt
Guest post from Betsy Rosenblatt The triennial Copyright Office DMCA exemption hearings began on May 19 for three days in Los Angeles before moving next week to Washington, D.C. for four more days. I attended the first two days, … Continue reading
Campbell conference: future of digital tech
Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O’Connor) O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system. Robert Brauneis, George Washington University: … Continue reading
Public comments on proposed DMCA classes
Public comments on the proposed DMCA classes are up. I had the great privilege of working with EFF’s Corynne McSherry on the noncommercial remix exemption. The comment of EFF and the Organization for Transformative works is here. I believe we … Continue reading
Dial U for unfair competition?
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
House hearing on 1201
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