Recent reports that Neil Young is no longer asking or insisting that the Trump campaign stop using his music, but is instead suing Trump for America for copyright infringement, highlights the extent to which this longstanding controversy between artists and politicians has heated up in recent years. It is a subject that overlapped recently in the Senate IP Subcommittee hearing ...
Google and its supporting amici rely substantially on painting a landscape of a contemporary software industry that is highly dependent on what they describe as “reimplementation” of certain types of computer code. Specifically, Google maintains, that the “declaring code” they copied for the production of the Android platform is so exemplary of standard practice that Oracle’s claim of infringement threatens ...
As proceedings in Google v. Oracle were delayed by the coronavirus, I also paused writing about the case, but now that oral arguments are scheduled for October 7, this topic will return to the headlines in copyright and tech news. During the break, I had the opportunity to review all the briefs filed in this case, and as a general ...
With the first three DMCA review hearings before the Senate Subcommittee on IP, it was fairly easy to identify the salient matters most likely to survive beyond this inquiry period and become part of the substantive debate on possible legislative revision. For instance, the need to more clearly define constructive, or “red flag,” knowledge in Section 512 is a recurring ...
(NOTE: This post relies on information presented in Part I.) In my first post in this series, I tried to summarize (albeit in nearly 3,000 words) the reasons why the states, and arms of the states, may freely infringe intellectual property without fear of being sued for monetary damages. I referred to the Eleventh Amendment as a pain in the ...
