This follows my recent post about Oracle v. Google. At the behest of commenters, both online and offline, I decided to dig a bit deeper to see exactly what level of abstraction is at issue in this case. The reason is simple: I made some assumptions in the last post about [...]
Entries Tagged as 'Copyright Law'
Oracle v. Google: Digging Deeper
May 9th, 2012 · 3 Comments
Tags: Copyright Law · Intellectual Property Law
Oracle v. Google – Round I jury verdict (or not)
May 7th, 2012 · 2 Comments
The jury came back today with its verdict in round one of the epic trial between two giants: Oracle v. Google. This first phase was for copyright infringement. In many ways, this was a run of the mill case, but the stakes are something we haven’t seen in a technology copyright trial in quite some [...]
Tags: Copyright Law · Intellectual Property Law
Just Disclaim: Hunger Pains, Games
May 4th, 2012 · No Comments
Tags: Copyright Law · Intellectual Property Law · Just for Fun · Trademark Law
Will We Finally Have a la Carte T.V. Content?
May 1st, 2012 · No Comments
The days of stopping someone from watching show X on a large T.V. but through and Internet device should be numbered. Google TV crashed. Fine, things fail. But the general blocking of content based on medium is a dying strategy. We are in stage 2 of the death of T.V., as we know it. [...]
Tags: Copyright Law · Intellectual Property Law · Law & Technology
Viacom v. YouTube: Not a Surprise
April 5th, 2012 · 1 Comment
As I mentioned below, the long-awaited Second Circuit decision in Viacom v. YouTube and its companion case, Football Association Premier League v. YouTube, was handed down today, with the Second Circuit reversing the district court opinion in part, affirming in part, and remanding for another round of summary judgement motions (yeehaw!) consistent with the opinion. [...]
Tags: Copyright Law · Law & Technology
Viacom/FAPL v. YouTube 2d Circuit Decision Handed Down
April 5th, 2012 · No Comments
I just noticed this and haven’t had time to read it, but here it is. Here’s the first paragraph:
Appeal from the judgment of the United States District Court for the Southern District of New York (Louis L. Stanton, Judge), granting summary judgment to the defendants-appellees on all claims of direct and secondary copyright infringement based [...]
Tags: Copyright Law · Law & Technology
Infrastructure: The Social Value of Shared Resources
April 2nd, 2012 · 1 Comment
I am excited to announce that Oxford University Press has published my book, Infrastructure: The Social Value of Shared Resources. I owe a huge debt to my Madisonian colleagues for their support along the way. I will post more about the book in the next few weeks, but here are some links and a short [...]
Tags: Commons · Copyright Law · Ideas · Intellectual Property Law · Law & Technology · Online Norms and Culture · Patent Law · Trademark Law
Holy copyinspirationcreation, Batman! Gotye, A Throwback to the 80s or Is That 1780s?
March 31st, 2012 · No Comments
The song “Somebody That I Used to Know” by Gotye has been getting a ton of play on the radio around here (yeah I know, radio, how quaint, to which I say Radio is a sound salvation Radio is cleaning up the nation They say you’d better listen to the voice of reason … You [...]
Tags: Copyright Law · Intellectual Property Law · Just for Fun
High Art! Or Because It Is Grim in the Bay Area and This One Made Me Smile
March 14th, 2012 · No Comments
Yes it is deep thoughts time. The grey lurks between the western hills and the narrowing finger of the south San Francisco Bay. Luckily my friend Norm sent this video to me.
Darth Vader? Good. Bag Pipes? Good. Darth and bagpipes put together with a guy in a kilt and on a unicycle? I leave that [...]
Tags: Commons · Copyright Law · Just for Fun
Print is Dead; Long Live the Word (Britannica Stops the Presses)
March 13th, 2012 · 2 Comments
Print is Dead. Long Live the Word. Britannica Stops the Presses. Welcome to the Henry Blake cliche festival. CNN Money reports that after 244 years the print edition of Britannica will no longer be offered. As many may recall, one study indicated the Wikipedia was more close to as accurate than Britannica. It may come [...]
Tags: Art and Politics · Copyright Law · Intellectual Property Law · Law & Technology
Some thoughts on Julie Cohen’s new book Configuring the Networked Self: Law, Code, and the Play of Everyday Practice
March 10th, 2012 · No Comments
Cross-posted at Concurring Opinions for a symposium on Julie Cohen’s important new book, Configuring the Networked Self: Law, Code, and the Play of Everyday Practice (Yale University Press 2012).
Julie Cohen’s book is fantastic. Unfortunately, I am late to join the symposium, but it has been a pleasure playing catch up with [...]
Tags: Commons · Copyright Law · Intellectual Property Law · Law & Technology · Online Norms and Culture
RIAA on the SOPA/PIPA protest and Masnick’s reactions
February 8th, 2012 · No Comments
RIAA: http://www.nytimes.com/2012/02/08/opinion/what-wikipedia-wont-tell-you.html
Mike Masnick’s line-by-line reply: http://www.techdirt.com/articles/20120208/01453517694/riaa-totally-out-touch-lashes-out-google-wikipedia-everyone-who-protested-sopapipa.shtml
Hat tip to Lauren Gelman.
Tags: Commons · Copyright Law · Intellectual Property Law · Online Norms and Culture
Thoughts on Ammori’s Free Speech Architecture and the Golan decision
February 5th, 2012 · No Comments
There is an interesting blog symposium at Concurring Opinions about Marvin Ammori’s Free Speech Architecture article. I am participating in the symposium this week, and here is my first post:
Thank you to Marvin for an excellent article to read and discuss, and thank you Concurring Opinions for providing a public forum for our discussion.
In the article, [...]
Tags: Commons · Copyright Law · Ideas · Intellectual Property Law · Law & Technology
Best Practices in Fair Use for Research Libraries
January 30th, 2012 · No Comments
#librarianscode . Just released: the newest Best Practices in Fair Use statement from American University’s Center for Social Media (in the School of Communication) and Washington College of Law: The Code of Best Practices for Academic and Research Libraries. The website has generous amounts of background information and context. I’ve been a member of [...]
Tags: Copyright Law
Where “C” and “D” Are Chords Instead
January 27th, 2012 · 2 Comments
As reported originally here in Texas Monthly, and most recently here by the TM Daily Post, Robert Earl Keen has taken a creative approach to settling a score (not a lawsuit) with Toby Keith. (Additional interviews with Keen here and here.)
In an interview with Texas Monthly, Robert Earl Keen discussed the release of his new album, [...]
Tags: Copyright Law · Intellectual Property Law
Copyright and the Collective Unconscious
January 19th, 2012 · 1 Comment
Megan’s post about copyright and the muse reminded me to get back to this post that I started to draft a couple of days ago and never got back to because my computer crashed.
As I mentioned in my comment on Megan’s post I’ve been reading a lot lately about the act of creating literary works. [...]
Tags: Copyright Law
Call for Submissions: IP/Cyberlaw Articles
January 19th, 2012 · No Comments
On behalf of the editors of JOLTI at Case Western Reserve, some readers may be interested in the following:
Call For Submissions
Case Western Reserve’s Journal of Law, Technology & the Internet is searching for a final article to publish in its spring edition. Any scholarly work related to cyber law, intellectual property law [...]
Tags: Academia · Copyright Law · Intellectual Property Law · Law & Technology · Patent Law · Trademark Law
Authorship and the Muse
January 18th, 2012 · 5 Comments
I have been thinking a lot about authorship lately. Perhaps this is because I am learning my first instrument and trying to write my first song. Or because I failed miserably at a write-a-novel-in-a-month exercise last November. Or because I am in the middle of a wrestling match with an article.
An interesting episode of the show [...]
Tags: Copyright Law · Ideas
Remix Culture Reconsidered
January 14th, 2012 · 3 Comments
A few years ago I tried to express some anxieties about the rise of a remix culture that valued technology and novelty over timeless content. Those worries resurfaced while I was reading Rob Horning’s recent reflections on his own defensively reactionary tastes:
[T]he key issue is to think about why we choose novelty over immersion. [...]
Tags: Copyright Law · Ideas · Intellectual Property Law
Velvet Underground, Warhol, and Wiz: A Slippery IP Tale
January 12th, 2012 · No Comments
[Updated January 15, 2012: I changed the post title, because I am still learning that search engines dislike non-literal titles. The original title was "'W"'Stands for Infringement."]
An emerging by-product of Pittsburgh’s claim to be a new entertainment capital (see blog post here – the claim is not entirely without merit, as a lawyer might say) [...]
Tags: Copyright Law · Trademark Law