Posts tagged as:

copyright

An open-source database described as “the computing world’s principal source of time-zone data” and “the key tool used by everyone to tell the right time globally” was shut down last week because of a lawsuit asserting that it was too dependent on a privately published atlas which was (allegedly) improperly relied on for historic entries. It’s been rebooted now, but the database compilers still face possible personal liability. [Stephen Colebourne, update] Programmer Arthur Olson, incidentally, is no relation.

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Terry Teachout thus nominates the verbal barbed wire that surrounds the work of the late poet Louis Zukofsky (see also).

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“Does the infamous ‘Happy Birthday to You’ copyright hold up to scrutiny?” [Paul Collins, Slate]

A takedown letter (not, apparently, monkey-typed) is the latest development in the copyright flap that has transfixed the legal blogosphere [David Post, Jim Harper, Lowering the Bar, earlier]

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Many are lost in a copyright maze: “The American rules infuriate scholars, archivists, musicians and the conservationists who preserve fragile recordings. They fret that by the time the recordings become available, many will be beyond salvation.” [The Economist] “A Trove of Historic Jazz Recordings has Found a Home in Harlem, But You Can’t Hear Them” [Steven Seidenberg, ABA Journal]

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Oh, what an expensive bet on “fair use” that idea for album art turned out to be [Andy Baio, waxy.org via @petewarden]

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June 8 roundup

by Walter Olson on June 8, 2011

  • Law firm settles with employee who said required high heels led to back injury [ABA Journal]
  • Stock listings fleeing U.S. for overseas, legal environment a factor [Ribstein, TotM]
  • Partial solution to above? Ted Frank places a stock bet on the Wal-Mart case [PoL, more]
  • Wider press coverage of hospital drug shortage [AP, Reuters, my March post]
  • Trial judge up north supports certifying as class action unusual suit blaming Newfoundland for moose collisions [Canadian Press via Karlsgodt, earlier here and here]
  • Academic revolt against copyright overreach [Chron of Higher Ed]
  • Sues deceased grandmother over trampoline injury [Madison County Record]

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At what point if ever do they rise to the level of legal infringement? [Matthew Belloni, THREsq.]

May 20 roundup

by Walter Olson on May 20, 2011

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Kembrew McLeod: “it [licensing] gets way more complicated when you start sampling songs that contain samples, which is increasingly the case today.” [Atlantic Wire via TechDirt]

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The estate of James Joyce is disputing the right of Craig Venter and other scientists to encode a 14-word fragment of Portrait of the Artist as a Young Man into synthetic genetic code for a bacterium. [David Ewalt, Forbes via Jessa Crispin via Tyler Cowen; & see Blawg Review #305 at A Fool in the Forest]

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March 28 roundup

by Walter Olson on March 28, 2011

  • Maricopa-cabana: Sheriff Arpaio uses tank (with Steven Seagal along) to raid cockfight suspect [KPHO, Coyote, Greenfield, Balko]
  • Malpractice reform in New York is about more than money (though it’s about that too) [Paul Rubin, TotM; NYDN]
  • EEOC initiative combats alleged employer bias against unemployed job applicants [Bales/Workplace Prof, Hyman]
  • After court rejection of Google Books settlement, where next? [Timothy Lee/ArsTechnica, David Post]
  • When your lawyerly conduct has been eviscerated by Judge Easterbrook, you know it [Above the Law]
  • Ninth Circuit rules on legality of keyword advertising using other firms’ trademarks [Coleman]
  • Election showdown over future of Wisconsin Supreme Court [PoL, more, Esenberg, Althouse]
  • Legal battle follows NYC’s attempted application of sidewalk bicycle ban to unicyclist [AP]

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March 15 roundup

by Walter Olson on March 15, 2011

  • “A conversation with class action objector Ted Frank” [American Lawyer]
  • Reviews of new Lester Brickman book Lawyer Barons [Dan Fisher/Forbes, Russell Jackson] Plus: interview at TortsProf; comments from Columbia legal ethicist William Simon [Legal Ethics Forum]
  • “Collective Bargaining for States But Not for Uncle Sam” [Adler] Examples of how Wisconsin public-sector unionism has worked in practice [Perry] Wisconsin cop union: nice business you got there, shame if anything were to happen to it [Sykes, WTMJ] “Union ‘rights’ that aren’t” [Jeff Jacoby, Boston Globe]
  • “Minnesota House Considering Significant Consumer Class Action Reform Measures” [Karlsgodt]
  • 10,000 lawyers at DoD? Rumsfeld complains military overlawyered [Althouse via Instapundit]
  • “Are Meritless Claims More Prevalent in Copyright?” [Boyden, Prawfs]
  • Claim: availability of punitive damages reduces rate of truck accidents. Really? [Curt Cutting]
  • Now with improved federalism: “The Return of the Lawsuit Abuse Reduction Act” [Carter Wood, more, earlier here].

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It draws a lawsuit in France from the holder of the rights to the notorious killer’s famous 1960 photo. [The Sun, U.K.]

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January 18 roundup

by Walter Olson on January 18, 2011

  • What, no more monkeys or snakes? Starting March 15 new federal regulation will restrict definition of “service animals” to dogs alone [Central Kitsap Reporter, earlier, more]
  • “Appeals court: SD prosecutor’s conduct denied man a fair trial” [San Diego Union-Tribune]
  • A tale of local regulation: “A septic system at the crossroads” [Roland Toy, American Thinker]
  • Firm sues Fark, Reddit, Yahoo, etc. etc. over 2002 patent on “structured news release generation and distribution,” draws rude reply from defendant TechCrunch;
  • UK schools minister: “no touching pupils” policy keeps music teachers from doing their job [Telegraph]
  • Legal ethicist Stephen Gillers hired at $950/hour to approve ethics of Ken Feinberg’s BP compensation fund work [two views: Andrew Perlman and Monroe Freedman; earlier, Byron Stier]. Per Ted at PoL, trial lawyers criticizing the arrangement “complain that BP is using the same tactic plaintiffs’ lawyers regularly use to prove their own ethics.”
  • Is WordPress’s quirky “Hello Dolly” plugin a copyright infringement? [TechDirt]
  • Congrats, you’re eligible for a job with the D.C. public school system [ten years ago on Overlawyered; more on criminal records and hiring, subject of a current EEOC crusade]

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Although balloon dogs existed long before artist Jeff Koons began doing showy steel replicas of them for museum installations, his lawyers have sent a cease and desist letter to a gallery over its sale of resin bookends in the form of the canine inflatables [L Magazine]

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If not for the copyright extension bill that became effective in 1978, a wealth of significant work created in 1954 would have entered the public domain this January 1. [Duke Center for the Study of the Public Domain]

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After all, it’s easier to grab text from someone else’s infringement letter than to write one again from scratch, no? [Ars Technica]

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