SCOTUS Photo by jgroup After ten years and what must be thousands of attorney hours, the “Dancing Baby” case may have to do an about-face at the steps of the Supreme Court and, get this, actually go to trial. On May 5, the Solicitor General filed its brief recommending that SOCTUS deny a writ of certiorari in Lenz v. UMG, finding no ...

Last week, the Supreme Court ruled in a copyright case that addresses the principle of “separability.” This is one of those areas of IP that a colleague of mine would call the “metaphysics of law,”  and that’s not a criticism.  In fact, I happen to think the more subtle aspects of copyright—the ones that challenge judges to weigh esoteric ideas ...

Photo by Nagornyi The Supreme Court has denied cert in the case of Capitol Records v Vimeo, leaving in place the holding of the Second Circuit Court of Appeals that video-hosting site Vimeo was shielded by the “safe harbors” of the DMCA when the service and its users made infringing use of sound recordings fixed prior to February 15, 1972.  In general, ...

Last week, both the Electronic Frontier Foundation and Universal Music Group filed petitions with the United States Supreme Court in regard to what is commonly known as the “Dancing Baby” case.  The “baby” in question is about 11 years old now, and for those who might not know how a mundane home video became the focus of a multi-year, federal ...

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