From the category archives:

INTERNET LAW

Kirtsaeng v. John Wiley & Sons, Inc. – Will Supreme Court Review First Sale?

January 4, 2012

We look forward to the brief being filed by PublicKnowledge. As set out by Williams Mullen, the Kirstaeng case is an interesting one: “In John Wiley & Sons, Inc. v. Kirtsaeng, No. 09-4896-cv (2d. Cir. August 15, 2011), the Second Circuit affirmed a district court decision and held that the first sale doctrine does not [...]

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Glory Glory Man United, Fair Use I am Sure

December 29, 2011

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Copyright Threatens Use of Standard and Seminal Medical Tests

December 29, 2011

When the New England Journal of Medicine is worried about the anti-intellectual use of copyright, we all ought to take notice. In a December 29, 2011 article entitled “Copyright and Open Access at the Bedside“, NEJM authors John C. Newman, M.D., Ph.D., and Robin Feldman, J.D. detail the copyright regime ringed around the seminal Mini–Mental [...]

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A Different Take on Ownership of “Corporate” Twitter Followers

December 28, 2011

Our Edinburgh colleague WardBlawg has written a comprehensive post on the pending United States PhoneDog litigation where the company is trying to regain control of its employee’s Twitter account that contains 17,000 followers and was apparently compiled during the employee’s tenure with PhoneDog. Also on the table is $340,000 in claimed damages. More background on [...]

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SOPA May Backfire and Cause Destruction of Copyright Stranglehold

December 17, 2011

Stop Online Piracy Act brought out the big guns against itself in United States Congressional hearings this week. As a member of the United States federal judiciary process, I am embarassed in front of my fellow attorneys in the international community and I apologize on behalf of the sane 99 percent of attorneys who do [...]

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.XXX Domains Cause Chaos with Traditional Brands

December 14, 2011

Full article on BusinessInsider HERE “Understandably, Meetup.com, where Dyson is a director, tried to do the same. Here’s what Dyson told the Senate happened when they tried to buy Meetup.xxx: Meetup has attempted to register Meetup.xxx, but has been told the name has been reserved on the “premium queue” to be auctioned off to the [...]

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Copyright Professional or Content Professional?

December 13, 2011

This question is posed in the latest brilliant article from IPKAT: “So which way should a young copyright kitten go? Is the notion of the “copyright” professional outmoded, and in its place should we be increasingly thinking about a “content” professional? If so, what will that mean for those who teach and publish, as well [...]

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For Dummies Publisher Loses Copyright Round Against Indian Pirates

December 7, 2011

John Wiley and Sons, my neighbors here in Hoboken, and London based Elsevier lost an important round this week in United States District Court in Massachusetts in their attempt to obtain a quick copyright infringement judgment against the Indian pirate site Pharmatext and the American ad networks that publish its advertisements. Full decision on ScribD, [...]

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Hyperlink is not publication rules the Supreme Court of Canada

November 22, 2011

As reported by our colleagues at ExcessCopyright: “Hyperlinks thus share the same relationship with the content to which they refer as do references. Both communicate that something exists, but do not, by themselves, communicate its content. And they both require some act on the part of a third party before he or she gains access [...]

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Chapter One of Murakami 1Q84 Free for Facebook Fans

October 25, 2011

“The taxi’s radio was tuned to a classical FM broadcast. Janácek’s Sinfonietta—probably not the ideal music to hear in a taxi caught in traffic. The middle-aged driver didn’t seem to be listening very closely, either. With his mouth clamped shut, he stared straight ahead at the endless line of cars stretching out on the elevated [...]

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