Intellectual Property and Personal Property: Two Great Tastes That Might Not Taste Great Together When everything runs on software, then everything will be subject to copyright protection, and you might not like the consequences.1OK, this is an overgeneralization, but...
Sealing in the Juices While Sealing Out the Lawsuits It’s sadly true that many copyright cases are garbage, and obviously so, even at a glance. In many circuits, fortunately, trial courts are permitted to subject copyright claims to a kind of smell test. Before the...
Court: Actual Knowledge Kills Sony-Betamax Dead, and That Might Make a Difference Hey, I sort of called it. In my last blog post, I embarked on a journey of self-discovery in which I learned that ISPs were not effectively immune to claims for constructive copyright...
So Why Didn’t it Apply to Cox Communications? One thing that had been gnawing at me about Rightscorp’s1Not really Rightscorp, since it didn’t own the copyrights, but it was surely calling the shots.$25,000,0002Not as impressive as it sounds. victory over Cox...
Did the Second Circuit Just Kill “Red Flag” Knowledge? Oh, DMCA caselaw, I can never quit you. Even though you really don’t affect my practice much, you’ve become my hobby, such that I can’t resist commenting on every appellate-level decision involving you. The Basics...
