At the same AI and copyright round-table referred to in my last post, Stephen Carlisle of Nova Southeastern University posed this question: Is the application of “transformative” analysis under the fair use doctrine threatening to extinguish the derivative works right? This grabbed my attention, partly because it jibed with comments I made in at least two posts about Brammer v. ...
The Second Circuit Court of Appeals handed down opinions on June 16th with two important implications—one that looks like legislating from the bench by ignoring Section 301(c) of the Copyright Act and another that appears to create a split with the Ninth Circuit over interpretation of what’s called “red flag” knowledge referring to § 512(c) of the DMCA. The case ...
Over this past weekend, it seems The New York Times Editorial Board got together, drank a little Googley Kool-Aid, and then wrote this Op-Ed provocatively titled Keep the Internet Free of Borders. It is dismaying that, under the imprimatur of a respected name, an OpEd is published that succeeds in drawing such a typically blunt conclusion about an otherwise complex ...
