Elizabeth Rader's blog

Case Finally Deemed Served on Defendant

While waiting for service under the Hague Convention to be completed, we served Defendant, located in London, via International Federal Express on November 17 and filed a declaration concerning service with the Court, explaining exactly what we did.
Today I received an e-mail from the Court stating that the Defendant has been served and the Answer is due December 8. We have a case management conference scheduled for January 14, 2004.

Peter Pan Case Is Finally Served

Somma v. GOSH is a case about defending the rights of authors to write new stories about characters in the public domain, like Peter Pan. While waiting for service under the Hague Convention to be completed, we served Defendant, located in London, via International Federal Express on November 17 and filed a declaration concerning service with the Court, explaining exactly what we did.

No hits, no runs, no infringement?

Chris Sprigman alerted me to Major League Baseball's attempt to misuse copyright in its broadcasts to try to prevent sports websites from providing facts, real time, about ball games, play by play, urging that such speech constitutes an exhibition of copyrighted work.
Chris also pointed out a Second Circuit decision about basketball that makes it pretty clear that MLB's argument should be scored an error. Download file.

Judge Posner Chases A Wild Hare

Patent Avenger Jason Schultz is back from the East and through his blog I found Assessment Technologies v. WIREdata, Inc., No. 03-2061, 7th Cir. November 25, 2003, a case "about the attempt of a copyright owner to use copyright law to block access to data that not only are neither copyrightable nor copyrighted but were not created or obtained by the copyright owner." Naturally I was intrigued.
Here's the opinion

CBI Files Comments on Historic Notice & Recordkeeping in Copyright Office

The Copyright Office is still trying to figure out what to do about back recordkeeping supposed to be provided by webcasters from the passage of the DMCA in October, 1998 through N, where N equals whenever the Copyright Office gets around to promulgating its interim regulations on Notice and Recordkeeping. Toward that end the Office sought comments on what to do about past recordkeeping (which to a large extent doesn't exist).

Censored Dance-why Fair Use plus $3.25 will get you a nice latte

Saturday's New York Times had a nice article by Dinitia Smith about Carol Loeb Shloss's new biography Lucia Joyce: To Dance in the Wake. While many books about Joyce have seen his daughter Lucia as a sad, rejected, madwoman in the attic, Shloss proves that Lucia, who was a brilliant author in her own right and a gifted dancer, was a muse to Joyce and an inspiration for Finnegan's Wake.

Scheduling News in Webcasting Royalty Appeal

Stanford's Cyberlaw Clinic will be closed up tight this holiday week, but on December 29, the Librarian of Congress will be filing his brief in response to the various consolidated appeals from his June, 2002 Order setting rates and terms for digital transmission rights used in webcasting. Under the D.C. Circuit's new scheduling order of November 13, reply briefs by petitioners will be due February 12, 2004, the deferred appendix on February 19, final briefs on March 4. And then, perhaps, at long last, the Court will set a hearing date for oral argument.

Court Hears Argument on Preliminary Injunction in Diebold First Amendment Case

November 17, 2003- U.S. District Judge Jeremy Fogel heard oral argument on plaintiffs' motion for preliminary relief enjoining Diebold from further interfering with their using the Internet to disseminate internal documents of Diebold concerning dangerous vulnerabilities and defects in Diebold's electronic voting machines, in use and being considered for use in numerous voting jurisdictions. After oral argument, the Judge stated that he still needed time to digest and weigh all the arguments, so there is no ruling yet.

Stretching copyright- Judge Gets Warmed Up for Bikram Yoga Case

Yesterday, November 13, the Court held a Case Management Conference in Open Source Yoga Unity v. Bikram Choudhury. I appeared, along with James Harrison, for OSYU; Akin Gump lawyers appeared for Bikram. Judge Phyllis Hamilton began the conference by observing that this case is one of the most interesting she's had all year. The good news: Judge Hamilton gets it. She completely understands our argument that a "method" of stretching and exercising is not copyrightable subject matter.

Fair Use Gets All Shook Up in the Ninth Circuit

On November 6, the 9th Circuit affirmed the district court's preliminary injunction against distribution of "The Definitive Elvis"- a 16 hour documentary about the life of The King. It's a troubling opinion although the court went through the motions of analysing all the fair use factors.

Judge Expedites Hearing on Preliminary Injunction in Diebold case

Today a California Federal District Court agreed to expedite the process that will determine whether two Swarthmore students may post internal corporate documents that demonstrate that Diebold's electronic voting machines are flawed on their web site. CIS represents the students who are arguing that the fair use privilege protects their posting, even if the documents are copyrighted.


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