Posts tagged as:

copyright

Concerns about the pending Anti-Counterfeiting Trade Agreement (ACTA) [Jeff Porten, MacWorld/MacUser] A contrary view: Ben Sheffner (via Ron Coleman).

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October 15 roundup

by Walter Olson on October 15, 2009

  • “Jury Says No to Libel Claim Over Truthful E-Mail” [NLJ, Ardia/Citizen Media Law; high-profile First Circuit Noonan v. Staples case, earlier here and here]
  • Transmission of folk music is getting tangled in copyright claims [BoingBoing]
  • Scientific shortcut? Veterans Department will presume Parkinson’s, common heart ailment are caused by Agent Orange for GIs who set foot in Vietnam [NY Times]
  • Federal hate crimes bill: yes, courts will consider speech and beliefs in assessing penalties [Sullum and more, Bader]
  • Texas trial lawyer Mark Lanier’s famed Christmas bash will feature Bon Jovi this year [ABA Journal, background here and here]
  • Let’s explain our Constitution to her: U.K. cabinet minister thinks Arnie can close private website because it’s based in California and he’s governor [Lund, Prawfsblawg]
  • Ten best Supreme Court decisions, from a libertarian point of view? [Somin, Volokh]
  • Cert petition on dismissal of suit against Beretta shows Brady Center still haven’t given up on undemocratic campaign to achieve gun control through liability litigation [Public Nuisance Wire interview with Jeff Dissell, NSSF]

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October 6 roundup

by Walter Olson on October 6, 2009

  • Woman who escaped first WTC bombing broke her ankle ten days later. Should New York’s Port Authority pay her $500,000? [Hochfelder]
  • Former New York congressman and Pace Law School dean Richard Ottinger and wife rebuffed in what court deems SLAPP suit against commenter who criticized them on online forum; commenter says legal fees have cost him two years’ income [White Plains Journal-News, Westchester County; earlier] Amici in Massachusetts case endorse anti-SLAPP protection for staff of media and advocacy organizations [Citizen Media Law] “Canadian Court Rejects Defamation Liability for Hyperlinks” [same]
  • “Chuck Yeager Tries Again to Stretch Right of Publicity” [OnPoint News, earlier]
  • And naturally the advocates are demanding more regulation rather than less: “[Restaurant] Calorie Postings Don’t Change Habits, Study Finds” [NYT] More: Ryan Sager, Jacob Sullum.
  • Famed L.A. lawyers Thomas Girardi and Walter Lack might get off with wrist-slaps over Nicaraguan banana suit scandal [The Recorder, Cal Civil Justice, earlier]
  • Ralph Lauren lawyers: don’t you dare reproduce our skinny-model photo in the course of criticizing our use of skinny models [BoingBoing; and welcome Ron Coleman, Popehat readers; more at Citizen Media Law and an update at BoingBoing] Copyright expert/author Bill Patry is guestblogging at Volokh Conspiracy [intro, first post, earlier]
  • Profile of John Edwards aide who played key role in Rielle Hunter affair [Ben Smith, Politico]
  • Blind lawyer’s “call girl bilked my credit card” claim includes ADA claim against credit card company (but judge rejects it) [ABA Journal, Above the Law]

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T-shirts tweaking San Francisco transit? “Like so many things, it’s all fun and games, until you get sued” — in this case, a threat of suit from New York’s Metropolitan Transit Authority. [SF Weekly] And the MTA has dropped its claims against Greenwich, Ct. blogger Chris Schoenfeld (”Station Stops“), who puts out an iPhone app providing train schedule information [Greenwich Time]

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After 18 years of litigation, a judge has dismissed all remaining infringement claims by “Winnie the Pooh” heirs against Disney [American Lawyer; earlier here, here, etc.]

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Lowering the Bar has the curious details.

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Consider these trademark/copyright perils first [Citizen Media Law]

August 21 roundup

by Walter Olson on August 21, 2009

  • NYC criminal defense lawyer and TV commentator Robert Simels convicted of witness tampering in closely watched case [NY Daily News and more, NYLJ, Greenfield, Simon/Legal Ethics Forum]
  • Title IX suit says harassment by other students pushed school girl into anorexia, school should pay [Pittsburgh Post-Gazette]
  • Federal judge upholds some Louisiana restrictions on lawyer advertising, but says rules on Internet communication unconstitutionally restrict speech [WAFB, Ron Coleman]
  • “Woman Claims Display Was So Distracting, She Fell Over It” [Lowering the Bar; Santa Clara County, Calif. Dollar Tree]
  • Associated Press now putting out softer line on blogger use of its copy, but is it a trap? [Felix Salmon, earlier]
  • Update: Google ordered to identify person who set up nasty “skank” blog to attack NYC model [Fashionista, earlier here and here]
  • Some speak as if lawsuits over “alienation of affections” a thing of the past, alas not so [Eugene Volokh, more, yet more; earlier]
  • Connecticut: “State Holds Hearing On Whether Group Can Hand Out Food To The Poor” [Hartford Courant; "Food Not Bombs" group at Wesleyan]

Note: post was mistakenly titled as “August 22 roundup” at first, now fixed; thanks to reader Jonathan B. for catching.

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August 20 roundup

by Walter Olson on August 20, 2009

The sculptor of the artwork on prominent public display in New York’s financial district sues a book publisher and authors who used a photo of it on their cover [John Carney, Business Insider]

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Scott Greenfield is feeling defiant over the news service’s theory (disputed by some others) that websites are infringing its copyright if they copy so much as a headline and link from its stories without permission. More: Windish, Morrissey, Citizen Media Law.

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“Internet radio, once on its death bed, may survive after all.” [NYTimes]

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Heads are still shaking over what would appear to be a non-satirical proposal from Judge Richard Posner:

…Expanding copyright law to bar online access to copyrighted materials without the copyright holder’s consent, or to bar linking to or paraphrasing copyrighted materials without the copyright holder’s consent, might be necessary to keep free riding on content financed by online newspapers from so impairing the incentive to create costly news-gathering operations that news services like Reuters and the Associated Press would become the only professional, nongovernmental sources of news and opinion.

More: Jeff Jarvis notices other dubious ideas on enforceable “exclusivity” floating about. And more thoughts from Carolyn Elefant at Legal Blog Watch and David Post @ Volokh.

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Our post on the proposed Design Piracy Prohibition Act, and the fear of many designers and producers that it could swamp them in litigation, has been getting a lot of visitor attention, particularly from craft site Etsy. More on the topic: Grim Reader, BoingBoing.

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A bill to extend intellectual-property concepts — and litigation based on those concepts — into the world of fashion and design is pending in Congress. Kathleen Fasanella, whose Fashion Incubator site has done much to advance the CPSIA fight, warns the law will be enough to sink many small apparel and fabric firms that can’t afford lawyers to fight big firms’ infringement claims — and that it could spell an end to her own advisory/website business as well. “If CPSIA was an amputation, the Design Piracy Prohibition Act is a beheading.” A view in favor of the legislation: Counterfeit Chic. The Council of Fashion Designers of America, representing many big-name fashion design houses, has pushed for the bill, while “the largest industry group, the venerable American Apparel and Footwear Association” is opposed, predicting it will lead to “an environment of ubiquitous lawsuits between legitimate companies”.

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In Popehat’s words, “Stealing copyrighted material, but only from lawyers. What a brilliant idea.”

P.S. Hey, what’s this? Looks like our stuff!

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April 4 roundup

by Walter Olson on April 4, 2009

  • The wages of addiction: former basketball star Roy Tarpley settles his $6.5 million ADA lawsuit against NBA and Dallas Mavericks [Randy Galloway, Fort Worth Star-Telegram, Sports Law Blog]
  • One result of litigation-fed “vaccines cause autism” scare: parents turn to dangerous quack treatments [Arthur Allen, Slate; in-depth coverage at Kathleen Seidel's and Orac's sites]
  • Julie Hilden on First Circuit “true statements can be defamatory” ruling [FindLaw, earlier here and here]
  • More coverage of conviction of Kentucky lawyers for grabbing much of fen-phen settlement [Louisville Courier-Journal, earlier]
  • Judge dismisses most counts in lawsuit against Richard Laminack of Texas’s O’Quinn law firm [Texas Lawyer, earlier; FLSA overtime claims remain]
  • All but three of the outstanding 9/11 airline suits due to settle for $500 million [AP/NorthJersey.com]
  • One needn’t make the Community Reinvestment Act a scapegoat for unrelated credit woes to recognize it as an ill-conceived law [Bank Lawyer's Blog]
  • U.K.: Woman who plays classical music to soothe horses told she must pay for public performance license [Telegraph]

Well, good luck with that.