As 2021 winds down, and this blog approaches the mid-point of its tenth year, I ask the following question: Can certain folks stop trying to “fix copyright” in deference to the digital age now that the internet experiment has failed? For over twenty years, the principal argument underlying the “copyright is broken” narrative has been that the legal framework limits ...

The blog Copyright Lately by attorney Aaron Moss is a must-follow for copyright nerds. His posts are always lively and filled with historic details or other arcana that will appeal to the true enthusiast, and in that spirit, Moss’s latest post got me thinking. It’s about the Battaille Royale between Quentin Tarantino and Miramax Pictures over Tarantino’s intent to sell ...

Software companies SAS Institute of the U.S. and World Programming, Ltd. (WPL) of the UK have been litigants for more than a decade. By all accounts, WPL presents as a bad actor which lazily cloned SAS’s world-class analytics software. But before weighing the facts necessary to consider claims of IP infringement, the Federal Circuit Court of Appeals must first overturn ...

The Supreme Court on Monday heard oral arguments in the copyright case Unicolors v. H&M Hennes & Mauritz, L.P., a lawsuit bogged down in tiresome and tangential details, but which is important for independent creators. And speaking of tangential details, I noticed that Justice Sotomayor inadvertently used the term “patent trolls” during her brief interaction with counsel, and the reason ...

I asked the question in 2014:  are we confused by the “Buy” button when we purchase digital media? And the issue is raised again in the class action suit against Apple earlier this year, which alleges that consumers are unsure enough about what it means to “buy” digital goods that online retailers should be held responsible for misleading us. The ...