Category Archives: google

Garcia v. Google reversed; many sigh in relief

Posted on May 19, 2015 by rtushnet

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading →

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ANA conference: Miss. AG Jim Hood

Posted on April 1, 2015 by rtushnet

Keynote Address, Jim Hood, Attorney General, State of Mississippi, President, National Association of Attorneys General (NAAG)   Law enforcement has to be moving to the internet, where crime is going. Worked with ISPs on child porn/hash screening. We do hacking, … Continue reading →

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230 defeats false advertising claim against search engines

Posted on February 3, 2015 by rtushnet

Baldino’s Lock & Key Service, Inc. v. Google, Inc., No. 1:14-cv-00636 (E.D. Va. Jan. 27, 2015)   Defendants Yellowbook and Ziplocal provide online search engines for businesses, allowing search by type of service and geographic area.  Baldino’s is a Washington … Continue reading →

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Garcia v. Google thoughts: input welcome!

Posted on December 8, 2014 by rtushnet

Along with many others, Shyamkrishna Balganesh, Justin Hughes, Peter Menell, and David Nimmer submitted an amicus in Garcia v. Google making a number of interesting arguments; I’m generally sympathetic to the idea that we should be more flexible about joint … Continue reading →

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How do you keep them in the library after they’ve seen Google?

Posted on December 4, 2014 by rtushnet

Oral argument in the latest and possibly last round of the longstanding Authors Guild v. Google case apparently went reasonably well for Google.  I was struck by Judge Chin’s statement that his clerks use Google Books to do cite checks.  … Continue reading →

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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

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Empirical IP Research Conference: trademarks

Posted on October 24, 2014 by rtushnet

Plenary Session: Measuring Consumer Confusion in Trademark Infringement Facilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined.  Used to include “purchasers” but Congress deleted that phrase.  43(a)’s language is even broader.  Flexible and slippery. Panelists: Joel Steckel (NYU Stern … Continue reading →

Posted in dilution, google, http://schemas.google.com/blogger/2008/kind#post, presentations, reading list, surveys, trademark | Leave a comment

IPSC part 5: more copyright

Posted on August 8, 2014 by rtushnet

Third Breakout Session Copyright and Competition Copyright’s Technological Interdependencies Clark Asay Technological patrons depend on copyright for their motivations.  Copyright is an interdependent part of broader creative systems. Dichotomy between patronage and copyright as alternative systems is wrong.  They work … Continue reading →

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Amended aggravation: Garcia v. Google

Posted on July 14, 2014 by rtushnet

Never say an opinion (previously discussed here) can’t get worse. The amended opinion in Garcia v. Google manages that feat: Nothing we say today precludes the district court from concluding that Garcia doesn’t have a copyrightable interest, or that Google … Continue reading →

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Purpose-transformativeness versus content-transformativeness

Posted on July 8, 2014 by rtushnet

In 2008, Tony Reese presciently told us that the case law on fair use “transformativeness” showed a trend towards favoring transformative purpose over transforming content, so that exact reproduction could have a very good shot at fair use.  Today’s example, … Continue reading →

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