Tag Archives: copyright

WIPIP: PLENARY SESSION 3 — Why American WIP’ers Should Care About International Law

Posted on February 18, 2021 by rtushnet

Jerome H. Reichman, Duke Law School, Duke University Until 1994, there weren’t many options when a nation didn’t comply with IP treaties: complaints and retaliation against that country’s nationals. Then came TRIPS. Arbitration, including damages, became available; winner can also … Continue reading →

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WIPIP SESSION 5.A. — Copyrights

Posted on February 18, 2021 by rtushnet

Ned Snow, University of South Carolina School of Law The Tension Between Science and Creativity in the Copyright Clause Fabrications: clearly creative, but contrary to the meaning of “science.” Deceitful expression might provide knowledge about deception. CSAM/revenge porn: no benefit … Continue reading →

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IP writing competition for law students

Posted on February 17, 2021 by rtushnet
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WIPIP, SESSION 2.B. — Copyrights

Posted on February 12, 2021 by rtushnet

Cathay Smith, University of Montana Blewett School of Law Weaponizing Copyright Pure suppression: Dr. Drew’s minimization of Covid; YouTubers compiled these clips and he sent takedown notices. Lawyer asserted © over text messages to ex partner when they were published … Continue reading →

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WIPIP, PLENARY SESSION 1 — Race, Gender, and IP

Posted on February 12, 2021 by rtushnet

Dan Burk, University of California, Irvine School of Law Racial Bias in Algorithmic IP Unpacking bias: divergent meanings: statistical bias (sampling), design (wrong type of model, model created for one purpose used for another), the fact that “raw data” is … Continue reading →

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What Dastar took, does 1202 give back?

Posted on December 14, 2020 by rtushnet

Another older case found in my year-end roundup. Pilla v. Gilat, 2020 WL 1309086, No. 19-CV-2255 (KMK) (S.D.N.Y. Mar. 19, 2020) Pilla provides “professional architectural services to various construction projects.” Defendants own a “luxury construction project” at 324–326 West 108th … Continue reading →

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Copyright year in review

Posted on December 10, 2020 by rtushnet

I had a great time presenting this to the Copyright Society of Los Angeles. My slides. This is going to be an opinionated overview; I know you’re an expert audience and I’m going to try to highlight developments you may … Continue reading →

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Comments on DMCA reform

Posted on December 2, 2020 by rtushnet

Senator Tillis has been soliciting suggestions for DMCA reform (including 512, 1201, and 1202). With Jessica Litman, Pam Samuelson, and Jennifer Urban, I submitted responses. The Organization for Transformative Works, on whose legal committee I serve, also submitted responses.  from … Continue reading →

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1201 claim to control device features survives

Posted on April 17, 2020 by rtushnet

Philips North America, LLC v. v. Summit Imaging Inc., 2020 WL 1515624, No. C19-1745JLR (W.D. Wash. Mar. 30, 2020) But I was told that after Lexmark and Chamberlain, manufacturers weren’t using §1201 claims to control devices! The parties compete to … Continue reading →

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WIPIP 2020, Day 2 panel 4

Posted on February 10, 2020 by rtushnet

Panel 4: Copyright Stephanie Bair, Copyright’s Hidden Costs We’ve used the creativity literature to examine the benefits side of ©, but not necessarily the costs. The benefits of engaging in creative pursuits/having creative skills: being good at problem finding, being … Continue reading →

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