Category Archives: google

Garcia v. Google reversed; many sigh in relief

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

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

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!

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?

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

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

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

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IPSC part 5: more copyright

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

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

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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