Professional creators following the case Allen v. Cooper were no doubt disappointed by the Supreme Court’s March 23 decision—a unanimous holding that the States (and/or their agents) are generally free to infringe copyrights with impunity. But perhaps authors of works should not to be entirely discouraged on this matter, because it seems clear from the opinions written that the Justices would have ...
Although it has been my intention to write about Google v. Oracle serially, addressing the legal questions in more or less in the order they are presented and weighed in a court opinion, it turns out today marks the end of Fair Use Week. (How I could have missed that in this otherwise sleepy news cycle is a mystery, I ...
Looking at Google v. Oracle as a consumer and citizen, common sense insists upon a measure of skepticism in response to the premise that the “future of all software development” depends on Google prevailing in this case. Many of those who say so are the same folks who tend to omit the fact that licensing—especially in B2B relationships—spawns innovation all the time. The underlying ...
Because I defend the principles of copyright, I write a lot about the value of creative expression and the author’s right to choose how that expression is used. In this context, then, I think it is within the editorial nature of this blog to respond to Franklin Graham’s public complaints about last week’s Super Bowl halftime performances by Jennifer Lopez and ...
Every once in a while, a copyright litigation story makes a fine cautionary tale for users of social platforms, and this is true partly because the conflict tends to spawn misleading headlines or comments that add fuel to an outrage already borne of ignorance. In this case, I am referring to Prince’s estate easily prevailing on summary judgment in a ...
