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Microsoft's EU Antitrust Case: A Clearly Bad Precedent
This week, Microsoft dropped its appeal in the European version of the antitrust action against the company that has been proceeding for about ten years. The E…
Copyright and Fair Use
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Copyright Law and the Information Cost Theory
Intellectual Property as Property: Delineating Entitlements in Information, authored by Prof. Henry Smith was published last summer in the Yale Law Journal. It…
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Why, Diddy? Why?
Music sampling has suffered a strange fate at the hands of copyright law. It should fare well under the fair use doctrine. In general, it's very transform…
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Aguiar v. Webb: Documentary Film Program Defends Filmmaker's Fair Use and Free Speech Rights
Plaintiff William V. Aguiar III, sued documentary filmmaker Floyd Webb, alleging that Webb's promotional website and film trailer for his upcoming film infr…
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Hot Flash
Using a combination of archival, interview and new concert footage as well as photographs, news clippings, and contemporary critical analysis, HOT FLASH tells t…
Aguiar v. Webb - Opposition to Plaintiffs' Motion for Preliminary Injunction
Floyd Webb's Opposition to Plaintiff's Motion for Preliminary Injunction. * Publication Type:Litigation Brief * Publication Date:10/12/2007 Downloa…
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Reading IP Patents Like Tea Leaves
I've been reading through a study of Google's patents prepared by Stephen Arnold entitled Google Version 2.0: The Predator. Mr. Arnold displays a foren…
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The Poetry of Patent Infringement
From the most serene and blissful town of Marshall, TX comes Patent Litigation Haiku from Michael Smith's Eastern District of Texas Practice blog. http://…
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Jury Instruction No. 15
The attorney of Jammie Thomas has resolved to appeal the jury verdict entered against her last week. That closely-followed trial culminated in awarding $222k in…
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Creative Commons, Common Sense, and Nonsense
Over the last 3-4 years many people have been speculating about how U.S. courts would interpret the Creative Commons (CC) licenses in litigation concerning the…
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The Madness of Software Copyrights
My column in the current issue of CIO Insight, href="http://www.cioinsight.com/article2/0,1540,2182447,00.asp">“Battle Over Linux: When a Win May…
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Fair Use And Free Speech
All too often, copyright is viewed in strcitly economic terms, as if it does no more than determine who pays what to whom, and when. In his editorial in today&…