Internet Governance / Social Media https://www.theatlantic.com/ideas/archive/2022/09/netchoice-paxton-first-amendment-social-media-content-moderation Trade Dress / Copyright https://evan.law/2022/09/27/company-successfully-defends-against-trade-dress-and-copyright-infringement-claims-over-online-software-tool/ Discussion of Hachette v. Internet Archive https://www.llrx.com/2022/09/fenced-off-culture-the-privatized-internet-internet-archive/
Category: Cases
Links of Note – April 22 2016
Here are this week’s links from Twitter (@Cyberlaw): Supreme Court denies cert in Authors Guild v. Google. https://t.co/zrV7sYy7Lk #fatladysings — James Grimmelmann (@grimmelm) April 18, 2016 An analysis of the Burr-Feinstein anti-Encryption bill pending in congress by @iainthomson at The Register – https://t.co/D5ktujGKSw — Kevin Thompson (@cyberlaw) April 14, 2016 Nice article by @gigalaw via…
Supreme Court denies cert in Google Books case
I’ve been following the Google Books case since it was first filed in 2005; its long history ends with the Supreme Court denying cert today. This leaves stand the 2nd Circuit’s decision that the copying was fair use. This feels like a fair result for fair use.
Disparaging Trademarks: The Skin-ny on The Slants
Here’s my presentation to the Chicago Bar Association on April 6, 2016 on “Disparaging Trademarks: The Skin-ny on The Slants.” In my talk, I explained how Section 2(a) works when the mark is considered disparaging of an identifiable group, how it was ruled unconstitutional in the recent en banc decision of the Federal Circuit in…
Trademark Clearinghouse, ReDigi, and More First Sale Doctrine Issues
Here’s a link to my post on the firm’s blog about the new Trademark Clearinghouse that is coming online for use with the new top level domains: http://blog.davismcgrath.com/2013/04/05/using-the-trademark-clearinghouse-for-the-new-gtlds/ I’ve been meaning to write my own post regarding the ReDigi case, but in the meantime here are links to two good ones by Venkat Balasubramani and…
Thoughts on Viacom v. Google
The Court of Appeals for the 2nd Circuit finally ruled on April 5, 2012 in the appeal of the Viacom v. Google (YouTube) case, Case Numbers 10-3270, 10-3342. The underlying court case from the Southern District of New York, decided June 23, 2010, was discussed during the talk I gave to IICLE. In that case,…
SOPA and other @Cyberlaw Links
The news this week has been dominated by discussions of the Stop Online Piracy Act, or SOPA, that had congressional hearings this week. I really liked the following discussions of SOPA: Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act Eric Goldman has a great summary of the bill and its problems. Well recommended…
Court awards $214 Million for DMCA Circumvention
The recent decision by the United States District Court for the Southern District of California in the Echostar Satellite LLC v. Viewtech case, Civil Case No. 07cv1273 BEN (WVG), 2011 WL 1522409 (S.D.Cal.), is interesting mainly for the amount of statutory damages awarded. The defendants had been manufacturing receivers that circumvented the copy protection in…
“John Doe” Filesharing Lawsuits
As I wrote in a post on our firm blog back in December, I have been answering lots of questions from those receiving notices from their ISP relating to lawsuits over the filesharing of copyrighted material with the BitTorrent protocol. For those seeking more information, the EFF has a great page of subpoena defense resources…
ACLU challenges Suspicionless Laptop Border Searches
Today, the ACLU and related parties filed a class-action lawsuit challenging the U.S. Government’s policy of allowing suspicionless searches and seizures of laptops and other electronic devices at the border. The allegations include violations of the First and Fourth amendments. It is seeking a declaration that the Department of Homeland Security policies, which are restatements…