Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. Novella, which should be an easy case (and in easy cases it may be tempting to sweep too broadly).
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Newly added to my collection, the infringing Dan-Dee teddy with the functional tummy graphics:
American Greetings Corp. v. DanDee Imports, Inc., 807 F. 2d 1136 (3d Cir. 1986)
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Rebel Girl: this pro-Clinton mashup was initially subject to a DMCA claim, but seems to have survived.
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Mike Masnick has the story, and I’m just going to quote him (and WGAW):
Meanwhile, in what might seem like a surprising source, another group calling bullshit on the MPAA is the local Hollywood writer’s guild, the Writers Guild of America, West. Their full filing is totally worth reading. They basically make the exact point we’ve made for years: every time the MPAA fears some new innovation, it’s not just wrong, but it often misses how that new innovation actually helps Hollywood in addition to the public:
It is often the case that when new technology emerges incumbent providers make alarmist predictions about guaranteed harms resulting from these innovations. While some concerns may be reasonable, the overwhelming majority of outlined harms are never realized. As CBS Chairman and CEO Les Moonves said in 2015, “All these technology initiatives that supposedly were going to hurt us have actually helped us. SVOD has helped us. DVR has helped us. The ability to go online with our own content, CBS.com, and the trailing episodes – all have helped us.” With the entertainment industry currently dominated by a handful of companies that have never been more profitable, it is clear that new technology and forms of content distribution have helped, not hurt the industry.
While new technology can create some business uncertainty, there is strong evidence that pro-consumer developments that make legal content more accessible to viewers benefits both consumers and content creators.
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Eric Goldman explains here. We already could tell that the Office was interested in shrinking the safe harbors; apparently the Office wants to do that in part by purging the list of registered DMCA agents every three years. As someone who had the OTW’s initial registration bounced for not having a fax number (we … don’t have a fax machine?) (I used mine in the end), I have a bit of whiplash on the technical requirements side. Per the NPRM, written comments are due June 24.
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The advice from Drinker Biddle includes using the DMCA to get uses of your TM taken down, which is pretty much exactly the definition of one significant category of DMCA abuses.
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This is an experiment for me to share my adventures in wooden jigsaw puzzles. Today’s review is an Artifact puzzle, Matte Stephens, Manhattan (380 pieces).
This is an atypical Artifact–many pieces joined very tightly, rather than loosely, and some even had to be forced. It made me wonder whether this was produced early on in Artifact’s existence, because while the looser fit of other Artifact puzzles can be frustrating when one is trying to move chunks around, overall it’s a more pleasant experience once you’re used to it than this tighter fitting type was. Many of the pieces were also relatively large. Fine, but not fantastic. 3/5.
NB: I’m a tough grader, and I cut my teeth on Staves, so 3/5 is still time well spent.
| Betsey Pop Betsey Johnson Kitsch “soda” handbag |
So, what’s the dilution verdict?
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EFF/Copyright professors’ comment on FCC’s proposed set-top box rule
Content companies have opposed the FCC’s proposed set-top box rule on the grounds that it would allow copyright infringement because people who’d paid for cable would be watching it without additional payments from the set-top box providers. As you can tell, I think this is incorrect. I and several other professors have signed on to the EFF’s letter responding to these concerns. You can read the letter here.
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