In a post published in August 2019, I discussed the fact that online IP enforcement is not just about the people we think of as traditional artists. Many small businesses—from garage start-ups to a few million in sales with employees to support—sell unique merchandise based on original designs protected by copyright and under trade names protected by trademark. And it ...
On September 30, the House Judiciary Committee held a hearing to discuss the Copyright Office report, published in May, commenting on the efficacy of Section 512 of the Digital Millennium Copyright Act (DMCA). Section 512 provides conditional immunity to online service providers for copyright infringements conducted by users of their services. (For a basic summary of conditions, see page here.) ...
While reading a few other articles about this case, articles written by actual legal experts, I was reminded that Google v. Oracle, despite its epic scale and likely significance as a precedential ruling, is, in fact, not terribly complicated. At least it shouldn’t be. What has made the case complicated of course is Google’s obfuscation in an attempt to win. ...
On September 16th, the IP Subcommittee of the Senate Judiciary Committee held hearing number five in its ongoing review of the 22-year-old Digital Millennium Copyright Act. The subject was Title I of the DMCA, also referred to as §1201, which proscribes the circumvention of Digital Rights Management (DRM) technologies used to protect copyrighted works distributed through digital systems. When the ...
I share the sorrow of millions at the passing of Justice Ruth Bader Ginsburg. The world has lost a genius of the law, who, in addition to her immeasurable contributions to American justice, was a great lover of the arts and a true champion of the rights of creators. My deepest condolences to her family, colleagues, and friends. In my ...
