Category Archives: google

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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Copyright Society: recent developments (but not the most recent)

This panel had the misfortune to occur just as the Second Circuit released HathiTrust.  More on that to come, obviously. Recent Developments in Copyright Law Panelists: Robert W. Clarida, Reitler Kailas & Rosenblatt LLC Thomas Kjellberg, Cowan Liebowitz & Latman, … Continue reading

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Copyright Society: transformative use (herein mainly of Google)

Transformation of Transformative Use           Moderator: Julie Ahrens, Stanford Fair Use Project Mass digitization: at the start of the litigation Google seemed bold, but after 8 years the result was less surprising, at least to some, since digitization is so valuable/expected. … Continue reading

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A couple of Google v. Garcia amicus briefs

Int’l Documentary Ass’n brief, now with actual evidence on standard contracts! Makes a nice pair with Netflix’s brief, which cogently criticizes Kozinski’s entirely typical reliance on “facts” not in the record about what standard entertainment contracts are like. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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My long, sad Garcia v. Google post

You know, for a judge who loves the First Amendment and free speech so much when it comes to the right of publicity and nominative fair use, Judge Kozinski can seem oddly unconcerned about it in other areas of IP, … Continue reading

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