Some Takeaways from “When Patents Attack! – Part 2”

I listened to This American Life’s new show on patents today; it’s a followup to the original, widely heralded show from two years ago. I think it was well reported, and worth a listen. Despite concerns about NPEs being worse now than two years ago, I thought the show was oddly more balanced than the last time (even though nearly half the show is just a replay of a portion…

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Is a broadcast to everyone private under the Copyright Act?

For the final post in my copyright series, I want to focus on another example in my series of discussions about formalism vs. policy in copyright. Today’s case is WNET v. Aereo, which allowed continued operation of a creative television streaming service. As I’ll discuss below, the case pretty clearly complies with the statutory scheme, much to the relief of those who believe content is overprotected and that new digital distribution…

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On Policy and Plain Meaning in Copyright Law

As noted in my last post, there have been several important copyright decisions in the last couple months. I want to focus on two of them here: Viacom v. YouTube and UMG v. Escape Media. Both relate to the DMCA safe harbors of online providers who receive copyrighted material from their users – Section 512 of the Copyright Act. Their opposing outcomes illustrate the key point I want to make: separating…

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Solving the Digital Resale Problem

As Bruce Willis’s alleged complaints about not being able to leave his vast music collection to his children upon his death illustrate, modern digital media has created difficulties in secondary and resale markets. (I say alleged because the reports were denied. Side note: if news breaks on Daily Mail, be skeptical. And it’s sad that Cracked had to inform Americans of this…). This post describes a recent attempt to create such a market, and…

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Academics Go To Jail – CFAA Edition

Though the Aaron Swartz tragedy has brought some much needed attention to the CFAA, I want to focus on a more recent CFAA event—one that has received much less attention but might actually touch many more people than the case against Swartz. Andrew “Weev” Auernheimer (whom I will call AA for short) was recently convicted under the CFAA and sentenced to 41 months and $73K restitution. Orin Kerr is representing him before the Third Circuit. I am…

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