Author Archives: David Newhoff

Sorry for the Technical Issues

photo by lisad Illusion of More has had technical difficulties today. My apologies to subscribers and other readers for any dead links or other issues you may have experienced.  The correct URL for the latest post is Thank you for your patience while … Continue reading

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A Broader View of Packingham SCOTUS Decision

  Photo by wellphoto My last post focused narrowly on responding to assertions that the Supreme Court decision in Packingham casts doubt on the constitutionality of DMCA Sec. 512(i).  But as my friend and colleague Mike Katell observes on his blog, … Continue reading

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Packingham Ruling Likely Not Instructive to DMCA

Photo source by spaxiax Another Supreme Court First Amendment decision this past Monday was a source of excitement for parties who consistently argue that copyright enforcement in cyberspace cannot help but infringe First Amendment rights.  I’ll say at the outset that … Continue reading

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Slants Trademark Decision May Have Other IP Implications

In 2010, the Oregon-based, Asian-American band had its application for a trademark in the name The Slants rejected by the US Patent and Trademark Office. The denial was based on a statute in the 1946 Lanham Act prohibiting registration of … Continue reading

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EU Court of Justice Ruling – A New Chapter?

Photo by alexskopje Pond5 This week, the Court of Justice of the European Union concluded what any rational observer would conclude about websites that make large volumes of unlicensed copyrighted works available to the public — that their owners know exactly what … Continue reading

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