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Recent Posts
- Happy inauguration day to Redbubble in particular: 9th Cir. affirms functionality in Lettuce Turnip the Beet
- Dastardly DoorDash fails to get restaurant complaint dismissed, including under UCL/FAL
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- Rogers v. Grimaldi and the TMA
- American Merck and German Merck’s TM battle doesn’t involve covered “advertising injury”
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Category Archives: secondary liability
IPSC part 9: copyright plenary session
Plenary Session Making Copyright Work for Creative Upstarts Sean Pager Imagine you’re a singer in a rock band, and hear your song used unauthorized for a car commercial. You call and they brush you off. You can’t afford a lawyer, … Continue reading
IPSC part 7: copyright limitations
Fifth Breakout Session Copyright Limitations Inventing Around Copyright Dan Burk Recurring pattern in ©: Napster/Grokster, where Napster was held liable for having centralized architecture/ability to know what’s on the system and thus being contributorily/vicariously liable. Not surprisingly, next generation P2P … Continue reading
IPSC part 6: copyright/TM enforcement
Fourth Breakout Session Copyright and Trademark Enforcement Do ‘Groundless Threats’ Statutes Curtail IP Over-Enforcement? William Gallagher Research interest: how disputes are negotiated and resolved outside of court, as most legal disputes are. Studying it qualitatively, based on interviews w/lawyers and … Continue reading
The Next Great Copyright Act Conference, part 3
Secondary Liability and Safe Harbors Moderator: Andrew Bridges, Fenwick & West LLP Shira Perlmutter, USPTO §512 was intensively negotiated and complex; intended to be a very careful balancing act, so carefully balanced that the participants would’ve told you that every … Continue reading
Today’s inducement question
#McConnelling: The Daily Show invites users to score footage of Mitch McConnell to as many songs as possible. The idea is that it’s funny no matter what music you use. So, inducement? If it’s transformative (which I think it is), … Continue reading
House DMCA hearing part 2
This is the question period. I note just how many people in this conversation assumed that the technology behind Content ID could magically and easily be rolled out (costlessly?) for every form of content and every site online. Echoes of … Continue reading
House DMCA hearing part 1
House Judiciary DMCA Hearing. (Links on names go to testimony.)Rep. Goodlatte: Unanticipated: volume of notices plus reappearance of content. Adequacy of notice is an issue. Fraudulent notices with little risk of penalty are also a problem, though a low percent. … Continue reading