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 ...

When I wrote about the Grant v. Trump copyright case on October 1, I was wrong about one thing:  that Team Trump would quickly settle the matter as a relative storm in a teacup within the legal tornadoes swirling around the ex-president. But I should know better. Because of course the law works in mysterious ways in Trump’s mind, including ...

This week, the SDNY denied the motion to dismiss requested by Donald J. Trump et al in the copyright suit filed by singer/songwriter Eddy Grant. The complaint stems from the unlicensed use of Grant’s song “Electric Avenue” which was synched with an animated, political video satirizing then candidate Joe Biden in 2020. The video was distributed via social media, including ...

On September 17, a California District Court dismissed the complaint in Hunley et al v. Instagram, in which the plaintiff class accused the Facebook-owned social platform of “encouraging, inducing, and facilitating third parties to commit widespread copyright infringement” by means of the company’s promotion of its embedding tools. Through Instagram’s marketing the ability for third parties to display images by means ...

In the continuing saga of state actors getting away with copyright infringement, let’s look at the story of author/publisher Michael Bynum and his book about the legendary “12th Man” of the Texas A&M University (TAMU) football team. The tale, which has been passed down through generations of Aggies and other football fans, describes the “Dixie Classic” of 1922, when the ...

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