Tag Archives: first amendment

WIPIP session 5: Anti-Circumvention

Posted on February 3, 2024 by rtushnet

Charles Duan, Property v. Property 1201 met connected devices—computers are everywhere. Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, … Continue reading →

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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

Posted on January 16, 2024 by rtushnet

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases … Continue reading →

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Netchoice amicus on behalf of Discord

Posted on December 7, 2023 by rtushnet

 Chris Sprigman and I just submitted this brief. The focus of the argument is the associational interests of Discord’s users, who want and need assistance from centralized content moderation in order to support their communities.  from Blogger http://tushnet.blogspot.com/2023/12/netchoice-amicus-on-behalf-of-discord.html

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Amicus brief on applying the Lanham Act to political speech post-JDI

Posted on December 6, 2023 by rtushnet

 In support of neither party. from Blogger http://tushnet.blogspot.com/2023/12/amicus-brief-on-applying-lanham-act-to.html

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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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What’s next after Elster?

Posted on November 3, 2023 by rtushnet

UNH symposium: Section Two Small Panel III – What’s Next? Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my remarks in response to the oral arguments in Elster, hopefully not too repetitive. Strong job by gov’t … Continue reading →

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Panels on Exploring the New Constitutional Limits on Trademark Law

Posted on October 10, 2023 by rtushnet

FRIDAY, NOV 3 2023 8:45AM – 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program. from Blogger http://tushnet.blogspot.com/2023/10/panels-on-exploring-new-constitutional.html

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Proximate cause defeats false advertising claims against standard setting body allegedly packed by competitors

Posted on September 22, 2023 by rtushnet

Geomatrix, LLC v. NSF International, — F.4th —-, 2023 WL 5925977, No. 22-1947 (6th Cir. Sept. 12, 2023) Discussion of opinion below. Geomatrix sells a septic system that substantially differs from those sold by its competitors. It asserts defendants, those … Continue reading →

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Free Speech Challenges to the Inflation Reduction Act

Posted on August 29, 2023 by rtushnet

 With Sean Tu, at JAMA. Given how short the piece had to be, we had to cut out some other examples, but the claim is still a good example of the metastasizing First Amendment. from Blogger http://tushnet.blogspot.com/2023/08/free-speech-challenges-to-inflation.html

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IPSC Opening Plenary Session

Posted on August 3, 2023 by rtushnet

 Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading →

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