Zohar Efroni's blog

Paris in the Ninth Circuit

by Zohar Efroni, posted on September 25, 2009 - 1:47pm

I simply could not resist sharing this one, for those who don’t check IPKat regularly. Apparently, transformativeness is not only a big deal in copyright fair use law, but also in tort claims for misappropriation of celebrities’ name and likeness (aka the right of publicity).

In the copyright context, at least, the underlying work – i.e., the work that is being sufficiently transformed (or not) by the defendant - must be original in the first place in order to give rise to a legal action. Would Paris Hilton’s pitch “That’s hot” qualify? Obviously not. But when Paris says “That’s hot” – then, folks, we have some heavyweight first amendment issues coming our way…

A New Book: Moral Panics and the Copyright Wars

by Zohar Efroni, posted on August 20, 2009 - 6:26am

Copyright treatise’ author and, for the past few years, Google’s copyright counsel William Patry has recently published a new book with Oxford University Press bearing the title “Moral Panics and the Copyright Wars”.

I was among those who deeply regretted (though fully understood) Mr. Patry’s decision to discontinue his popular blog on copyright about a year ago. Therefore, I was particularly delighted to learn that Patry has decided to start a new blog devoted to his new book.

A New Study on Privacy Online in Israel

by Zohar Efroni, posted on August 20, 2009 - 4:01am

Calls to better safeguard users' privacy online and improve protection of personal data on the Internet are commonplace. The concerns about privacy issues are sometimes coupled with demanding higher legal standards of protection pertaining to access and use of personal data obtained over the Internet by third parties, may they be the government and its agencies or private entities that collect and use personal data for commercial purposes. Professors Michael Birnhack (Tel Aviv University) and Niva Elkin-Koren (University of Haifa) have just posted a new and highly interesting study that addresses questions of compliance with privacy regulation in Israel.

Supreme Court Denies Cablevision Review

by Zohar Efroni, posted on June 29, 2009 - 4:51pm

Today the Supreme Court reportedly resolved not to hear the appeal on the Second Circuit’s Cablevision decision. This denial comes shortly after the Court has received the U.S. Government's brief recommending to reject the petition.

A New Study on DRMs and their Impact on Privileged Use

by Zohar Efroni, posted on May 16, 2009 - 10:31am

Patrícia Akester from the Centre for Intellectual Property and Information Law at the University of Cambridge has just published a new study on DRM. Here’s the abstract:

Pam Samuelson on Google Books

by Zohar Efroni, posted on April 18, 2009 - 1:25pm

Pam Samuelson offers some interesting reflections on the Google book search agreement. Her warnings are worth listening to. Prof. Samuelson is quite critical about the agreement and the new creature it contemplates- the Book Rights Registry (BRR).

Substantive Tags: intellectual property

Copyright reservations, anyone?

by Zohar Efroni, posted on April 2, 2009 - 12:11am

Link to the Greenpeace website here with the actual poster (PDF) featuring the slogan "Not Only Banks, Save Also the Environment!"

Substantive Tags: intellectual property
Free tags: angie-you-can

The Supreme Court Takes Up Copyright Case – Reed Elsevier v. Pogrebin

by Zohar Efroni, posted on March 22, 2009 - 6:46am

On March 2 the Supreme Court granted certiorari on a copyright case covering the question whether section 411(a) of the Copyright Act restricted the subject matter jurisdiction of the federal courts over copyright infringement actions.

“Everything. I record everything.”

by Zohar Efroni, posted on March 6, 2009 - 2:37am

This quote belongs to Robin Bienfait, RIM’s Chief Information Office (CIO). RIM makes the BlackBerries, and the title line of this post recites Ms. Bienfait’s answer to the question what information is being recorded on RIM’s internal network (e.g., telephone conversations and email exchange over employees’ devices).

A Key Keywording Decision

by Zohar Efroni, posted on January 23, 2009 - 4:01am

Keywording (aka keying) is the practice of registering with search engine words, terms, acronyms etc. that are protected by trademarks owned by someone else. The registration triggers the advertisement of the registrant and places it on the results page when users enter the keyword into the search box and run their search.

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About the Author

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Non-Resident Fellow at Stanford's CIS, formerly at Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich

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