Welcome to Professor Lemley’s Home for Wayward Works. Formerly known as the Asylum for Orphan Works, but we really prefer not to use the O-word as this connotes a state of abandonment and a feeling of being unwanted. Although we are certainly happy that the term Bastard Works was retired after 1912. At PLHWW, we believe that every work deserves ...
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. ...
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 ...
Soon after the pandemic forced the Supreme Court to delay proceedings in Google v. Oracle, it directed the parties to “file supplemental letter briefs addressing the appropriate standard of review” with respect to the Federal Circuit’s decision in 2018, concluding that no reasonable jury could find that Google’s copying to create Android was fair use. On August 7, both parties ...
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 ...
