Archive | Copyright

Viacom v Youtube Decision – Not as Bad as All That

The Second Circuit has finally released its long-awaited decision in the appeal of the Viacom v. Youtube lawsuit, about which I’ve blogged a great deal [starting here, here, here, and here]  over the past couple of years.  Viacom “won” — in that they got the reversal of the district court’s comprehensive judgment in YouTube’s favor […]

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Do Lexis and Westlaw Infringe Copyright When They Post Briefs Filed in Court?

I briefly blogged about this question in 2009; now there’s a lawsuit, White v. West Publishing Corp. & Reed Elsevier Inc. (S.D.N.Y. filed Feb. 22, 2012) that argues that such posting does indeed infringe copyright. Here’s my summary from 2009, very slightly edited: The argument for infringement is actually moderately strong. Like most other documents, […]

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Bill Patry Guest-Blogging

I’m delighted to say that Bill Patry will be guest-blogging this week about his new book, How to Fix Copyright. I’ve known Bill for 18 years, from the time that he was copyright counsel to the U.S. House of Representatives Committee on the Judiciary. He has also been a Policy Planning Advisor to the Register […]

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Stopping the Stop Online Piracy Act

In several recent postings (here and here, for example) I called on all interested persons to come to the Internet’s defense against a spate of truly dreadful bills now making their way through Congress (the “Protect IP Act” and SOPA, the “Stop Online Piracy Act”). Larry Downes, always a thoughtful voice on tech matters, has […]

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Second-Hand Music?

Here’s an interesting development: the ReDigi Used Digital Music Store. Application of copyright law’s “first sale doctrine” — which allows you to re-sell or give away copies that you have purchased of books, records, or other copyrighted works without the copyright holder’s permission (the doctrine that allows, for instance, used book stores or video rental […]

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How About Occupy Hollywood?

One of the obvious dangers of the Internet Age is that we’ll be so distracted by everything going on around us – lots of it interesting, complicated, and even important (not to mention all the stuff that’s idiotic and unimportant and fundamentally uninteresting) — that we will fail to recognize the truly important stuff when […]

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Losing Copyright Plaintiff (Mattel, in the “Bratz” Litigation) Must Pay Defendant $137 Million Dollars in Attorneys’ Fees and Costs

So District Judge David O. Carter held Thursday in Mattel v. MGA (though I assume that the case will either be appealed, or will settle for something less than the total amount in lieu of an appeal). The Copyright Act specifically provides that the loser — whether plaintiff or defendant — may be ordered to […]

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My career comes full circle:

Techdirt asks: Can A Monkey License Its Copyrights To A News Agency? Apparently, David Slater, a well-known nature photographer, left his camera on the ground in an Indonesian national park, and a macaque monkey walked over and snapped a bunch of photos, including this (remarkable!) self-portrait: Two of the photos in the set of monkey […]

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More on DHS and Copyright Enforcement:

Fellow Blogger Orin Kerr, in several comments on my posting yesterday, has asked some questions deserving a response: David, If DHS is just making a request and has no legal authority to enforce its request, then of course Mozilla is free to ignore the request. At the same time, I wonder: If you were in […]

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Homeland Insecurity, At It Again:

The Dep’t of Homeland Security is indeed at it again. I’ve blogged about their campaign on behalf of US copyright holders to “seize” the domain names of websites (irrespective of the actual location of the site, provided that it is registered in one of the databases of a US domain name registrar or registry). It’s […]

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