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Library of Congress Study: Copyright hurts sound archiving
A study commissioned and sponsored by the Library of Congress has found that US copyright laws create an onerous barrier to the preservation of sound recordings by libraries and other archiving...
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Blogger Successfuly Asserts Fair Use in Copyright Infringement
The U.S. District Court in Nevada has dismissed a copyright infringement lawsuit against a blogger who copied and re-posted several sentences from a Las Vegas Review-Journal article. In a highly...
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Software Use by Customer’s Attorney Violates EULA
In an interesting case which addresses the importance of proper EULA drafting, the 5th Circuit has held that the use of software by a customer’s attorney constituted infringement because the software...
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Supreme Court to Rule on Gray Market Resales
Today the Supreme Court hears arguments in a matter brought by Swatch Group AG’s Omega unit against Costco Wholesale Corp. with the aim of curbing Costco’s “parallel sales” of Omega watches obtained on...
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Supreme Court Denies First Sale Doctrine to Foreign-Made Goods
The Supreme Court has upheld the Ninth Circuit decision in Costco v. Omega, holding that Section 109 of the Copyright Act (a.k.a. “The First Sale Doctrine”) does not apply to foreign-made goods. The...
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Apple’s use of EULA to limit Apple software exclusively to Apple products is...
The Ninth Circuit has ruled that Apple did not engage in anti-competitive “copyright misuse” by forcing users to agree, via its OS X end-user license agreement, that they only install the operating...
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The Facebook Cy Pres Conspiracy
The Hollywood Reporter weaves a tantalizing conspiracy story (sincerely, it is tantalizing) about how Facebook’s cy pres settlement payments in the latest privacy class action lawsuits may, in fact, be...
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Fox News consults Tim Bukher for internet privacy story
From Fox News Magazine’s “How to Get Your Embarrassing Photos Off the Internet”: Tim Bukher, a partner at the firm of Handal & Morofsky, adds that harmful photos may cause a different kind of...
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Copyright Office nixes DVD space shifting on DMCA grounds — no watching your...
The Copyright Office has ruled on whether DVD owners can “space shift” their content so as to watch them on tablets. According to MediaPost, the Copyright Office ruled NO to DVD space shifting. What is...
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Most recent frivolous tech and intellectual property lawsuits
Techi.com has posted a list of “5 most frivolous tech lawsuits.” One of these in particular is worth checking out: RIAA Vs. Limewire Talk about some moolah! The Recording Industry Association of...
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Is government collusion with BIG IP hurting tech business innovation?
As an IP attorney, it is my job is to enforce my clients’ copyrights to protect their property. As a private citizen, tech junky, and video game fanatic, I am disturbed by the current legislative...
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Pandora v. Performing Rights Organization: A Quest for Fair Competition
Pandora, the popular music streaming service, just bought itself a South Dakota local radio station. This is a significant and shrewd legal move for Pandora, meant to enable the company to access a...
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Software Best Practices: How to protect against copyright claims of former...
The recently decided Antonick v. Electronic Arts Inc. illustrates the importance of drafting a vigilant copyright clause when high-tech companies hire or contract with web, software or videogame...
View ArticleWith Online Collaboration Always Think Twice
Writers, bloggers, auteurs: Ever look to tighten that dialogue, perhaps crowdsource an idea for that third act climax? The social interaction and sharing technologies brought about by Web2.0 may seem...
View ArticleDMCA Notice-And-Takedown Is Good For Entrepreneurs
Professors Sprigman and Lemley wrote an excellent opinion piece in the LA Times explaining the value of the DMCA’s notice-and-takedown process. Hollywood and other BigContent groups have been pushing...
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