Second Circuit Will Not Yet Hear Embedded Tweet Appeal

copyright Fair Use technology

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.[1]  The order can be found here 18-910_goldman-CA2_intapp_dend.  As discussed in an earlier posting on this blog, the district court case, Goldman v. Breitbart News Network, LLC, held …

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IP & Nonhumans: Lessons of Naruto the Monkey on AI

copyright jurisdiction standing technology

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.  On April 23, 2018, the Court of Appeals for the Ninth Circuit issued Naruto v. Slater,[1] in a ruling that was not entirely unexpected since the parties …

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Geoblocking Required to Avoid Copyright Liability, per D.C. Circuit

copyright technology

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 regulations, it appears the U.S. is going in the opposite direction.  In Spanski Ents., Inc. v. Telewizja Polska, S.A.,[1] on March 2, 2018, the Court of Appeals for the …

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Embedded Tweet Can Be Copyright Infringement, According to NY Court

copyright Fair Use technology

On February 15, 2018, a federal judge sitting in the Southern District of New York issued an opinion that could have profound ramifications for the average Internet user.  In the case, Goldman v. Breitbart News Network LLC,[1] Judge Katherine Forrest ruled that the linking party responsible for a tweet with an embedded photo had committed …

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