Category Archives: Uncategorized

Section 512 roundtable, part 4: International

Posted on April 8, 2019 by rtushnet

SESSION 4: International Developments      Carlo Scollo Lavizzari International STM Association: (Scientific Technical Medical publishers, also arts & humanities publications.) Internet hasn’t been static. Dynamic developments in Europe from platform liability and safe harbor to one of responsibility, not just from … Continue reading →

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Section 512 roundtable part 3

Posted on April 8, 2019 by rtushnet

SESSION 3: Domestic Developments             Richard James Burgess American Association of Independent Music: Not much different from 2016. Notice and takedown hasn’t helped with staydown; still need to send lots of notice. Optimistic about EU Copyright Directive. Alex Feerst Medium: … Continue reading →

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Section 512 Roundtable part two

Posted on April 8, 2019 by rtushnet

Jonathan Band Library Copyright Alliance: Motherless & Mavrix show problems with moderation –including compliance w/new EU rules—threatening to remove safe harbor. Sofia Castillo Association of American Publishers: still bad. Stephen Carlisle Nova Southeastern University: has one client, a small music … Continue reading →

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U.S. Copyright Office, Section 512 Study Roundtable

Posted on April 8, 2019 by rtushnet

Opening Remarks Karyn A. Temple, Register of Copyrights and Director, U.S. Copyright Office Nat’l and int’l changes since 2016 roundtable—looking for updates.  [Congrats on her first official event as Register!]  Tale of two cities: very different perspectives on how DMCA … Continue reading →

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“more predictive, consistent, stable” is puffery, but misrepresentation of what credit score you’d get isn’t

Posted on April 4, 2019 by rtushnet

Fair Isaac Corp. v. Trans Union, LLC, 2019 WL 1436018, No. 17-cv-8318 (N.D. Ill. Mar. 30, 2019) FICO sued TransUnion for breach of contract, breach of good faith and fair dealing, copyright infringement, conversion, and false advertising. Since 1989, TransUnion, … Continue reading →

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“more predictive, consistent, stable” is puffery, but misrepresentation of what credit score you’d get isn’t

Posted on April 4, 2019 by rtushnet

Fair Isaac Corp. v. Trans Union, LLC, 2019 WL 1436018, No. 17-cv-8318 (N.D. Ill. Mar. 30, 2019) FICO sued TransUnion for breach of contract, breach of good faith and fair dealing, copyright infringement, conversion, and false advertising. Since 1989, TransUnion, … Continue reading →

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Lawyer’s solicitation of litigation against timeshare company could violate Lanham Act

Posted on April 4, 2019 by rtushnet

Diamond Resorts International, Inc. v. Aaronson, — F. Supp. 3d —-, 2019 WL 1445181, No. 17-cv-1394-Orl-37DCI (M.D. Fla. Mar. 5, 2019) With all the discussion about “opening up the libel laws,” it’s notable that Lexmark has accomplished very much the … Continue reading →

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Gerber Good Start off to a bad start in false advertising/allergy case

Posted on April 4, 2019 by rtushnet

Hasemann v. Gerber Products Co., 2019 WL 1434263, Nos. 15-CV-2995 (MKB) (RER), 16-CV-1153 (MKB) (RER), 17-CV-93 (MKB) (RER) (E.D.N.Y. Mar. 31, 2019) Hasemenn  alleged that Gerber misrepresented that its “Good Start Gentle” infant formula was the first and only formula … Continue reading →

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Call for Authors – Feminist Judgments: Rewritten Property Opinions

Posted on April 4, 2019 by rtushnet

Deadline for Applying: Friday, April 26, 2019 The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on the rewritten opinions for an edited collection tentatively titled Feminist Judgments: Rewritten Property Opinions. This edited volume is part … Continue reading →

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misrepresentation of FDA clearance as FDA approval needs non-anecdotal evidence of consumer deception to be actionable

Posted on April 2, 2019 by rtushnet

Repro-Med Sys., Inc. v. EMED Technol. Corp., 2019 WL 1427978, No. 13-cv-01957-TLN-CKD (E.D. Cal. Mar. 29, 2019) The parties have been fighting over their competing medical devices for a while. Here, RMS alleged among other things that EMED was intentionally … Continue reading →

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