In a recent post, I described how the “server test,” established in the Perfect 10 case, obliterates the display right for visual artists on the internet. I further opined that the “server test” is an irrational standard and also stated that Perfect 10 may not be the final word on the matter. For recap, the Ninth Circuit held in Perfect ...
In my experience, the number-one complaint about contemporary copyright is that it is unenforceable in the digital age. Independent creators take one look at the scope of infringement relative to the cost of a single litigation and give up on the idea that they have any control. Many infringers—from casual to corporate—are either unaware that they’re infringing or they know ...
Photo by porpeller Empirical evidence tells us that all human existence is a sand castle. At best, if no other cataclysm comes first (and one probably will), the inexorable expansion of our sun will wash away the Earth and any evidence that we were ever here. One possible exception may be the two records affixed to the Voyager spacecraft, still traveling ...
In a new post on Copyhype, Terry Hart responds to the general assumption that the Founders would be “appalled” by the state of copyright today. Personally, I think the Founders would be appalled by the application of the 2nd Amendment today and impressed as hell by the role professional authors and creators play in their Republic–but that’s me. Hart writes ...
I finally had a chance to read Move Fast and Break Things by Jonathan Taplin. A former music manager and film producer from the period I would describe as America’s true golden age, Taplin is now director emeritus of the Annenberg Innovation Lab at the University of Southern California. The book, which debuted a few months ago, explains how the ...
