Kirtsaeng’s Near-Contempt for 1960’s-Era Legislative Materials This post continues my response to Prof. Menell’s contention that, based on the Supreme Court’s use of 1960’s-era legislative materials to construe the Copyright Act of 1976 (the “1976 Act”), it is...
Humble Pie Taste Like Sawdust but at Least it’s High in Roughage It’s fair to say that I was a little bit invested in the district court opinion in Oracle v. Google. I really thought it was a great opinion, thought it really helped clear the air about the vexed...
It’s Outrage Week! I know this is hard on the heels of my take on an outrageous attempt to leverage a dicey trademark registration into some settlement money, but at least there, you could admire the guy’s chutzpah. What I want to talk about today is willfully...
SPACE MARINES Repeated as Farce Remember the SPACE MARINES bogus “trademark” DMCA takedown notice? In that case, a markholder succeeded in temporarily blowing one by a sophisticated technology provider, Amazon. This time, with the Zazzle-π issue, we have a much more...
(Part 2 of 5) The Fine Line Between an Alternative Basis and Simple Dicta The question we’re asking is whether it’s appropriate to rely on legislative materials generated by Congresses who did not enact but did oversee the drafting of the legislation in question....
