Posts Tagged ‘copyright’

Intellectual property law roundup

  • The law should not accord the state of Georgia a copyright over its code of law, even if the code has annotations [Trevor Burrus and Sam Spiegelman on Cato amicus certiorari brief in State of Georgia v. Public.Resource.Org, earlier here and here] And a transcript of today’s oral argument before the Supreme Court;
  • Update: federal judge Kaplan imposes sanctions on alleged “copyright troll” Richard Liebowitz, further complications ensue [Eugene Volokh, more, ABA Journal, earlier]
  • How Coca-Cola responds to flavor suggestions from fans on Twitter [Mike Masnick]
  • “California Man Gets Sued After Trying To Trademark Bully A Theme Park’ [Timothy Geigner, TechDirt]
  • “Like Righthaven before it, the Higbee firm has been taking advantage of hosts who failed to take the proper registration steps to perfect their DMCA immunity from copyright claims” [Paul Alan Levy and more, earlier here and here] And yet more;
  • “A root beer start-up, an energy drink company and an ugly trademark battle” [Andrew Yarrow, Washington Post/Keene Sentinel]

Social media law roundup

  • Despite warnings that its “copyright small claims” format could call forth a new troll business model and trip up ordinary Internet users, U.S. House of Representatives votes lopsidedly in favor of CASE Act [Makena Kelly, The Verge; Jonathan Bailey, Plagiarism Today; Katharine Trendacosta and Ernesto Falcon, Electronic Frontier Foundation, here, here, here, and here; Mike Masnick, TechDirt; Copyright Alliance and ABA president Judy Perry Martinez (supportive of bill); earlier]
  • A social media platform that proposes to vet political claims for truthfulness will inevitably be drawn into taking sides in favor of some political factions against others [John Samples, Cato] You’d think New Yorker writers and New York Times editors would know better: no, free speech is not “killing us.” [same]
  • “Top Myths About Content Moderation” [Eric Goldman] And a Cato Daily Podcast about content moderation with Thomas Kadri and Caleb Brown;
  • “Attorney Who Sued Grindr Responds Extremely Poorly To The Supreme Court’s Rejection Of Her Section 230 Lawsuit” [Tim Cushing, TechDirt, on “victims’ lawyer” Carrie Goldberg; Cathy Gellis in January]
  • It must be campaign season because here come the DMCA takedown notices over fair use [Paul Alan Levy]
  • “Facebook isn’t liable for algorithm that put terrorist content in news feeds, 2nd Circuit rules” [ABA Journal, earlier here, etc.]

September 25 roundup

  • “Small claims court for copyright” idea, now moving rapidly through Congress, could create a new business model for troll claimants [Mike Masnick, TechDirt; EFF on CASE Act] A contrasting view: Robert VerBruggen, NR;
  • “If Boston is weirdly NOT full of good restaurant/bar/cafes for its size, and if people don’t want to stay after they hit 26 or so, these throttled [liquor] licenses are one of the real structural reasons why.” [Amanda Katz Twitter thread]
  • Push in California underway to join a trend I warned of five years ago, namely states’ enacting laws to encourage tax informants with a share of the loot [McDermott Will and Emery, National Law Review]
  • Baltimore food truck rule challenge, single-member districts, sexting prosecution, and more in my new Free State Notes roundup;
  • “For years the Westchester County DA, Jeanine Pirro, now a Fox News host who opines on justice, rejected Deskovic’s requests to compare the DNA evidence against a criminal database. Deskovic was not exonerated until 2006, after he had served 16 years” [Jacob Sullum, Reason]
  • Come again? “Louisville judge rules Kentucky speed limit laws unconstitutional” [Marcus Green, WDRB]

July 31 roundup

July 10 roundup

  • Hearse driver in HOV lane to highway patrol: you mean I can’t count the corpse as a passenger? [Michelle Lou, CNN]
  • “Caterpillar Now Going After All The Cats For Trademark Cancellations” [Timothy Geigner, TechDirt, earlier]
  • Before trying to open a storefront business in San Francisco you might look to this advice from commercial real estate brokers about the city’s zoning and permit hurdles, and please quit using words like “bonkers” or “flabbergasting” [Robert Fruchtman Twitter thread]
  • “Lawyer engaged in ‘sustained campaign of unfounded litigation,’ disbarment recommendation says” [ABA Journal; Waukegan, Illinois]
  • Breaking from two other federal appeals courts, Third Circuit rules that Amazon as a platform can be sued under strict liability principles over defective items sold by third-party vendors on its site [Brendan Pierson, Reuters] Should the ruling stand, implications for online marketplaces are dire [Eric Goldman]
  • New challenges for Mathew Higbee, high volume copyright enforcement lawyer, and his clients [Paul Alan Levy, more, earlier]

June 12 roundup

  • Moving against emerging litigation analytics and prediction sector, France bans publication of statistical information about individual judges’ decisions on criminal penalty [Artificial Lawyer, ABA Journal, David Post]
  • Eugene Volokh analyzes Washington high court’s unanimous ruling against Arlene’s Flowers and Barronelle Stutzman in same-sex marriage refusal case [Volokh Conspiracy, earlier on case here and here]
  • “Small claims court for copyright” idea would likely worsen the problem of copyright trolling [Mike Masnick, Techdirt]
  • Activists push laws and pledges intended to push charitable foundation giving (yet) further to left [James Piereson and Naomi Schaefer Riley, Washington Examiner]
  • Review of new book by libertarian economist David D. Friedman, “Legal Systems Very Different from Ours”: pirates, prisoners, gypsies, Amish, imperial Chinese, Jewish, Islamic, saga-period Icelandic, Somali, early Irish, Plains Indians, 18th century English, and ancient Athenian [Michael Huemer, Reason]
  • If the Supreme Court is going to let police stop your car on a pretext, they should at least insist that there *be* a pretext [Jonathan Blanks on Sievers v. Nebraska Cato cert petition]

“Conan O’Brien: Why I Decided to Settle a Lawsuit Over Alleged Joke Stealing”

People come up with the same joke independently from each other all the time. What to do when someone insists he has been stolen from? Late-night host Conan O’Brien: “This saga ended with the gentleman in San Diego and I deciding to resolve our dispute amicably. I stand by every word I have written here, but I decided to forgo a potentially farcical and expensive jury trial in federal court over five jokes that don’t even make sense anymore. Four years and countless legal bills have been plenty.” [Variety; Mike Masnick, TechDirt]

May 15 roundup

  • “Banana Costume Copyright Assailed at Third Circuit” [Emilee Larkin, Courthouse News, earlier]
  • In a new piece for The Bulwark, I sort through some comments by presidential candidate Pete Buttigieg critical of identity politics;
  • Supreme Court’s decision in Apple v. Pepper, with Justice Brett Kavanaugh joining four liberals, takes a little nick out of Illinois Brick doctrine limiting antitrust suits [my new Cato post]
  • Ninth Circuit will soon hear case in which judge ordered Idaho prison system to provide inmate with transgender surgery; I’m quoted saying lower court decision amounted to battle of the experts [Amanda Peacher, NPR/KBSX, plus followup piece (“medical necessity” not a fixed standard, definitions of cruel and unusual punishment hitched in some ways to public opinion) and NPR “Morning Edition”; audio clip]
  • “The Moral Panic Behind Internet Regulation” [Matthew Lesh, Quillette] “A Single Global Standard for Internet Content Regulation Is a Recipe for Censorship” [Jacob Mchangama, Quillette] And Jonah Goldberg on right-wing rage at social media platform moderation;
  • Some politicos in Britain engage in “‘karaoke Thatcherism’, preaching low-tax, low-regulation mantras divorced from new challenges or detail,” then falling for truly bad ideas like laws to assure real estate tenants indefinite tenure against owners’ wishes [Ryan Bourne]

“‘Blurred Lines’ on Their Minds, Songwriters Create Nervously”

Four years after a shocker outcome on music and copyright: “The aftereffects of the “Blurred Lines” decision — which was upheld on appeal last year — have been felt most acutely by rank-and-file songwriters, who work in obscurity even as their creations propel others to stardom. The ramifications for them have been inescapable, affecting royalty splits, legal and insurance costs, and even how songs are composed.” [Ben Sisario, New York Times] Earlier on the case here and here.