Government Shutdown Effect on IP Offices
At midnight on Friday, December 21, 2018, the U.S. government entered a partial shutdown, which means all non-essential federal departments will close operations until funding has been appropriated...
Category: "copyright"
SCOTUS Watch: Supreme Court Grants Certiorari in Copyright Cost Row
On September 27, 2018, the U.S. Supreme Court granted certiorari in Rimini Street, Inc. v. Oracle USA, Inc., in order to resolve a split in the circuits related to prevailing copyright litigant’s...
Software Removing Metadata Not Enough Showing to “Conceal or Induce” Copyright Infringement
Technology is meant to make things easier or improve conditions in society. However, sometimes technology, in the form of software, can sometimes do errant things that can create issues later. So...
“Au revoir” to California Resale Royalties Act, Says Ninth Circuit
In what will be a major case to shake up the art world, the nation’s only droit de suite statute has again been eviscerated as a federal appeals court has found the resale royalty right only applies...
Second Circuit Will Not Yet Hear Embedded Tweet Appeal
In a somewhat unsurprising move, the Court of Appeals for the Second Circuit denied an interlocutory appeal (28 U.S.C. §1292) requested by publisher defendants in Heavy, Inc. v. Goldman. The order...
SCOTUS Watch: Supreme Court to Hear Case of What “Registration” Means
On June 28, 2018, the U.S. Supreme Court granted the petition for writ of certiorari in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC. The justices took up the case to resolve a split in...
IP & Nonhumans: Lessons of Naruto the Monkey on AI
A particular copyright case, although not dealing directly with technology, has fingerprints that lead to one area of technology that shares some legal issues with animals: artificial intelligence....
Geoblocking Required to Avoid Copyright Liability, per D.C. Circuit
Geoblocking is the practice of digitally embedding territorial access restrictions into content distributed across the Internet. At a time when the European Union is legislating anti-geoblocking...
Fed Circuit Watch: Google Use of Java APIs Not Fair Use
One of the most important copyright cases was recently decided by the Court of Appeals for the Federal Circuit, addressing Google’s use of Java code owned by Oracle. On March 27, 2018, in Oracle...
9th Circuit Serves Up Blurred Lines of Copyright Protection for Musical Works
On March 21, 2018, the Court of Appeals for the Ninth Circuit ruled in a split decision in Williams v. Gaye, that the Estate of Marvin Gaye was entitled to broad copyright protection over Gaye’s 1977...
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