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ISPs and Secondary Liability

March 15th, 2010 · No Comments

I was re-reading Perfect 10 v Google last night (and Perfect 10 v Visa) in preparaton for a cyberlaw class today and I was struck (again) by the 9th Circuit’s desire to maintain a clear distinction between contributory and vicarious liability in the ISP context.  While noting that the lines between contributory and vicarious liability [...]

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Tags: Copyright Law · Intellectual Property Law · Law & Technology

Staff and Student Opportunities at IP Osgoode (Toronto, Canada)

March 4th, 2010 · No Comments

Posted at the request of Prof Giuseppina D’Agostino, Director, IP Osgoode, Intellectual Property, Law and Technology Program, Osgoode Hall Law School, York University, Toronto, Canada:
“(1) We have posted a call for applications for the summer 2010 IPilogue
team and we would be very pleased to hear from students at your own
institution.  The call for editors has [...]

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Tags: Academia · Copyright Law · Events · Ideas · Intellectual Property Law · Law & Technology

Google/YouTube Execs Convicted in Italy on Privacy Violations

February 24th, 2010 · 1 Comment

Many of you will have seen the news that an Italian court has convicted three Google executives with respect to postings of a video by users of the YouTube service showing the bullying of a handicapped child.  Despite the fact that Google employees acted quickly to remove the video, three company officers were convicted in [...]

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Tags: Law & Technology

Oh, Which “New Moon” DVD to Purchase??

February 16th, 2010 · Comments Off

Readers of this blog will be familiar with my affinity for vampire stories, and the fact that in recent months I’ve been particularly partial to Stephenie Meyer’s Twilight Saga, although I must admit (I’m sure to Mike Madison’s great relief) that my fascination with the series is waning and I’m trying to expand my “literary” [...]

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Tags: Art and Politics · Just for Fun · Law & Technology

More on “What Authors Want”

February 9th, 2010 · 2 Comments

A while back I blogged about the stated preferences of Stephenie Meyer (author of the Twilight series of books) with respect to online uses of her unpublished manuscripts.  While trolling various authors’ official websites, I found another interesting comment by a vampire book writer about unauthorized uses of her work, this time with direct reference [...]

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Tags: Art and Politics · Copyright Law · Intellectual Property Law · Online Norms and Culture

Copyright, Plagiarism, and Fan Fiction Norms

February 5th, 2010 · 1 Comment

While broadening my literary horizons, but still remaining firmly in the pre-teen science fantasy camp, I’ve recently discovered a series of books by Cassandra Clare – the Moral Instruments trilogy (soon to be many more books than a trilogy).  She writes for pretty much the same audience as Stephenie Meyer of Twilight fame so I [...]

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Tags: Art and Politics · Copyright Law · Intellectual Property Law · Law & Technology · Online Norms and Culture

Australian Court: ISP Not Liable for Copyright Infringement

February 5th, 2010 · Comments Off

With thanks to Roberto Colon for passing this along to me, a federal court judge in Australia has held that an ISP is not liable for copyright infringements of its users.  Full story here and here.  The Australian copyright test for secondary liability is different from that in the U.S. and relies on a concept [...]

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Tags: Copyright Law · Intellectual Property Law · Law & Technology

China Court Clears Search Engine of Copyright Infringement

January 26th, 2010 · 1 Comment

With thanks for one of my students for fowarding this to me, the Beijing No. 1 Intermediate People’s Court has today cleared Chinese search engine Baidu on claims of copyright infringement for deep-linking to music downloads that infringe copyrights.  Reuters story here.
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Tags: Copyright Law · Intellectual Property Law · Law & Technology

Intent, Fair Use, and Criminal Copyright Infringement

January 26th, 2010 · 2 Comments

Naturally, I’m still thinking about copyright law in the context of the Twilight franchise – what else would I be doing on a Tuesday morning?  I was looking again at some of the press coverage surrounding the young woman who was detained in custody for several days for making a three minute video-recording in an [...]

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Tags: Copyright Law · Intellectual Property Law

Signifiers in Cyberspace (Webcast)

January 20th, 2010 · Comments Off

For anyone who couldn’t make it to the domain name/online TM symposium at CWRU in the fall, the webcast is now available online.  Some additional web resources on areas associated with the symposium topics (along with speaker bios) are available on the bottom of this webpage.
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Tags: Intellectual Property Law · Law & Technology · Trademark Law

Twilight in the Courts

January 20th, 2010 · Comments Off

With gratitude to Eric Goldman for drawing my attention to more opportunities to blog about the Twilight franchise, the U.S. District Court in California on January 12 granted a preliminary injunction to Summit Entertainment (the movie studio that produces the Twilight movies) for copyright and trademark infringement in relation to the unauthorized activities of a [...]

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Tags: Copyright Law · Intellectual Property Law · Trademark Law

The Provenance of a Princess

January 11th, 2010 · 2 Comments

On the way back from the AALS Annual Meeting, I was chatting with co-blogger Deven Desai who will be familiar with this question but I’m not sure that either of us has a clear answer to it.  I was intrigued when Disney released its first full length animated feature with an African-American princess (The Princess [...]

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Tags: Art and Politics

More Stupid Questions on Fair Use

January 4th, 2010 · 7 Comments

I always find fair use in the United States trickier than fair dealing in the U.K. and Australia (where I first studied IP law), so I’m often surprised at the confusions about what is and what isn’t fair use in the U.S. because it doesn’t necessarily comport with what I expect.  And I know that [...]

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Tags: Copyright Law · Intellectual Property Law

Copyright and Wikipedia

December 29th, 2009 · 5 Comments

I’ve been reading up on Wikipedia’s copyright policies lately and found some interesting items tucked away in the Wikipedia copyright policy guidelines and copyright FAQ.  This is not to criticize the people at Wikipedia as they are working to do something really unique and original with little in the way of financial backing.  But as [...]

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Tags: Copyright Law · Intellectual Property Law · Law & Technology

And the Most Pirated Movie Award goes to …

December 26th, 2009 · Comments Off

According to today’s NY Times, the most pirated movie of 2009 was the popular Star Trek prequel.
The award for “most notorious film piracy”, however, goes to X-Men Origins:  Wolverine which made it to illegal file-sharing avenues on the Internet one month before being released in the theaters.
Other movies that made 2009’s “most pirated” list included [...]

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Tags: Art and Politics · Copyright Law · Intellectual Property Law · Law & Technology

More on New Moon and Copyright Piracy …

December 15th, 2009 · 3 Comments

Further to my recent post on the issue of the women jailed for recording a few minutes of the Twilight sequel, New Moon, it has been announced that the charges against her have been dropped and she has been released from custody.  A news story here contains interesting statements from both the producers of the [...]

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Tags: Art and Politics · Copyright Law · Intellectual Property Law · Law & Technology

More on Digital Copyright Norms … and Twilight

December 11th, 2009 · 3 Comments

Further to posting on how everyday Web 2.0 citizens relate to copyright law (and continuing my case study on Twilight-related IP issues), I have come across another example of where the popular understanding of digital legal rights is imperfect.  However, in this case, it looks like the copyright law – or something like it – [...]

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Tags: Copyright Law · Intellectual Property Law · Law & Technology · Online Norms and Culture · social norms

“No Infringement Intended”

December 8th, 2009 · 8 Comments

I have noticed recently while playing around on YouTube and Google Video seeking exam question fodder that many fans of popular movies and TV shows who make mash-up videos of material from the shows post a notice at the beginning or end of their video saying “no copyright infringement intended”.  It strikes me that this [...]

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Tags: Art and Politics · Copyright Law · Intellectual Property Law · Law & Technology · Online Norms and Culture

Twilight/Copyright

December 5th, 2009 · Comments Off

In my ongoing attempt to blog exclusively about IP issues related to Stephenie Meyer and the Twilight franchise, here’s a story I just picked up from CNN online.  A 22 year old woman from Chicago faces 3 years in prison for taping 2-3 minutes of the recently released Twilight movie (New Moon) at a birthday [...]

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Tags: Copyright Law · Intellectual Property Law

Matt Lauer and Celebrity “Outing”

December 3rd, 2009 · 1 Comment

Cross posted from The Faculty Lounge.
So while enjoying the guilty pleasure of watching the Today show at a hotel room yesterday morning, I – along with the rest of the world – heard the public declaration from favorite Family Ties mom, Meredith Baxter, that she is now officially coming out as a lesbian.  Extract from [...]

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Tags: Art and Politics · Events · Intellectual Property Law