Ninth Circuit Gets Used CDs Right
In a case we had been watching for some time (UMG v. Augusto), the Ninth Circuit finally upheld the district court’s holding that self-serving restrictions placed on so-called “promotional” CDs could...
View ArticleCopyrighted Recipe for Scrambled Eggs
I’ve often heard it said, most often by lawyers, that “you can’t copyright a recipe.” That has never really been true, but the myth persists. The Copyright Office’s own website seeks to dispel it,...
View ArticleInfringing Trip to Fridge During Commercial?
The wait is over. Dish Sues Networks, Fox Sues Dish, Over Ad-Skipping Auto Hop, says The Wrap. In dueling lawsuits (a declaratory judgment action filed by Dish against Fox and others, and a copyright...
View ArticleFuck the “F-Word”
The Supreme Court’s ruling in FCC v. Fox Television Stations, Inc. fizzled rather than sizzled, as far as First Amendment issues are concerned. In essence, the Court did not bother to assess the First...
View ArticleWriting Wrong Kirtsaeng Headlines
After the Supreme Court heard oral argument on the case of Kirtsaeng v. John Wiley & Sons, Inc., on October 29, 2012, many of the reports contained some inaccuracies, and some got it generally...
View ArticleBoehner Abdicates, Along With House Republicans
CNN reports, “Obama, congressional leaders to discuss impending fiscal cliff - CNN.com,” in coverage similar to that of so much other of the attention-addled media. For the last several weeks, we have...
View ArticleIf I warn you I am a stalker does it make stalking you OK?
The intention behind the We Are Watching You Act of 2013 may be laudable, but the solution seems pretty narrow-minded. Fearing technology that would allow the entity transmitting video programs to...
View ArticleEdward Snowden at West Point
Today (May 28, 2014), I heard President Obama’s speech at West Point during the same drive-time as John Kerry’s interview about Edward Snowden. The words clashed. PRESIDENT OBAMA: I hereby absolve all...
View ArticleParental Immunity From Copyright Infringement?
I was just re-reading the Aereo decision (ABC, Inc. v. Aereo, Inc., 573 U.S. __. 134 S. Ct. 2498 (2014)), and ran across this bit of dicta in Justice Breyer’s Opinion: “A copy shop rents out...
View ArticleFCC Votes to Deregulate the Internet
The Internet began as an unregulated network of networks intended to allow anyone anywhere to communicate with anyone at any time. It was blind to who was communicating with whom about what. It was...
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