Category Archives: secondary liability

IPSC part 9: copyright plenary session

Posted on August 8, 2014 by rtushnet

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 →

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IPSC part 7: copyright limitations

Posted on August 8, 2014 by rtushnet

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 →

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IPSC part 6: copyright/TM enforcement

Posted on August 8, 2014 by rtushnet

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 →

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The Next Great Copyright Act Conference, part 3

Posted on April 3, 2014 by rtushnet

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 →

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Today’s inducement question

Posted on March 18, 2014 by rtushnet

#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 →

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House DMCA hearing part 2

Posted on March 13, 2014 by rtushnet

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 →

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House DMCA hearing part 1

Posted on March 13, 2014 by rtushnet

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 →

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