Category Archives: http://schemas.google.com/blogger/2008/kind#post

Works in Progress in IP, part 1

Posted on February 7, 2014 by rtushnet

WIPIP Session 1: Copyright Theory, Parlor C Chris Buccafusco & David Fagundes, The Moral Foundations of Copyright (Fagundes presenting) Copyright is deeply moral; best explained by moral foundations theory; these are descriptive claims. Normative claims: how we talk about copyright/how … Continue reading →

Posted in copyright, first amendment, http://schemas.google.com/blogger/2008/kind#post, music | Leave a comment

oral copyright license equals uncertainty in business dispute

Posted on February 6, 2014 by rtushnet

Yong Ki Hong v. KBS America, Inc., 951 F. Supp. 2d 402 (E.D.N.Y. 2013) Plaintiffs, who operated a video rental store catering to customers seeking Korean videotapes, sued KBSA, one of the three main sources for Korean programs, for antitrust … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, tortious interference | Leave a comment

Dastar misunderstanding watch

Posted on February 4, 2014 by rtushnet

Fergon Architects LLC v. Oakley Home Builders, Inc., 2014 WL 340035, No. 13 C 6019 (N.D. Ill. Jan. 30, 2014) (magistrate judge) Fergon sued Oakley for copyright infringement for exceeding its license to use Fergon’s architectural works.  The contract allegedly … Continue reading →

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

Grand Theft Auto online delay not actionable

Posted on February 3, 2014 by rtushnet

McMahon v. Take–Two Interactive Software, Inc., No. EDCV 13–02032, 2014 WL 324008 (C.D. Cal. Jan. 29, 2014) Plaintiffs brought the usual California claims based on plaintiff’s advertisements for Grand Theft Auto Vvideogame as including an online multiplayer component, even though … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Insurer’s Lanham Act claim against broker proceeds through necessary implication theory

Posted on February 3, 2014 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., No. 12–05610, 2014 WL 317179 (D.N.J. Jan. 28, 2014) Plaintiff NJ PURE sued defendants for false advertising under the Lanham Act, libel, slander, and violations of the NJ Insurance … Continue reading →

Posted in commercial speech, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Matthew Rimmer on fair use

Posted on February 3, 2014 by rtushnet

Matthew Rimmer takes a closer look at fair use, with reference to Naomi Novik’s testimony at the recent congressional hearing.  One reaction I’ve seen to the hearing, which is something I noticed at the time, is that there weren’t any … Continue reading →

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

Sony data breach case stripped down but not gone

Posted on January 31, 2014 by rtushnet

In re Sony Gaming Networks And Customer Data Security Breach Litigation, No. 11md2258, 2014 WL 223677 (S.D. Cal. Jan. 21, 2014) Venkat Balasubramani’s take.  These consolidated cases arose from a criminal intrusion into Sony’s online gaming system. Plaintiffs alleged that … Continue reading →

Posted in california, consumer protection, contracts, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Digital Copyright book: discount offer from publisher

Posted on January 31, 2014 by rtushnet

Description from the publisher: NEW 4TH EDITION Digital Copyright Law and Practice By Simon Stokes   The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers’ rights, … Continue reading →

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Harvard Law Review Symposium on Freedom of the Press

Posted on January 31, 2014 by rtushnet

Copied from Balkinization.Harvard Law Review Symposium 2014: Freedom of the PressA conference in celebration of the 50th anniversary ofNew York Times Co. v. Sullivan, 376 U.S. 254 (1964).February 15, 2014Harvard Law SchoolAustin North8:45 Breakfast9:20 Introduction:Mark TushnetHarvard Law School“Reflections on the … Continue reading →

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

News for storage jars: the real scandal in Virginia is the supplement

Posted on January 30, 2014 by rtushnet

So Slate says, citing the FDA’s warning that the supplement the McDonnells helped tout is being unlawfully marketed. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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