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Informal Formalities
it seems that MySpace and YouTube are about to check fingerprints of media placed on their websites. This should become possible with the help of Audible Magic,…
Copyright and Fair Use
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District Court Finds Failure to Demonstrate Circumvention of a Technological Measure in DMCA Claim Involving User Detection Feat
Plaintiff Auto Inspection Services, Inc. (“AIS”) owns the copyright to an automotive inspection program (“AIS’s Program”) that contains a quality control featur…
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Supreme Court Holds Licensees in Good Standing May Seek Declaratory Judgment on Patent Validity, Enforceability, or Infringement
Petitioner MedImmune entered a patent license agreement with respondent Genentech in 1997. Under the arrangement, MedImmune agreed to pay royalties on sales of…
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Court Declines to Follow Other Circuits on Use of Trademarks in Metadata
Declining to follow similar cases in other circuits, a federal district court for the Eastern District of Pennsylvania ruled that a website’s attempt to increas…
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Providing Unauthorized Link to Live Audio Webcast Likely Constitutes Copyright Infringement
Plaintiff, formerly SFX Motor Sports, Inc. (now Live Nation Motor Sports, Inc.), produces motorcycle racing events known as Supercross and broadcasts these race…
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Federal Circuit Rules That Explicit Assignment of Right to Sue without Transfer of All Substantial Patent Rights Is Insufficient
The court started its analysis by re-stating that there are three groups of parties that are entitled to bring a patent suit: (1) patentee, (2) successors in ti…
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Second Circuit Upholds Finding of Fair Use in “Appropriation Art” Piece
The Second Circuit upheld a summary judgment finding of fair use by the U.S. District Court for the Southern District of New York in a case involving “appropria…
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Viacom and Joost and YouTube, Oh My
Viacom agreed to license some of its vast content to Joost today, only a few weeks after ordering YouTube to pull 100,000 unauthorized clips from its programs f…
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Rep. Rick Boucher Shares Thoughts on Legislative Initiatives for New Congress
On Feb. 2, 2007, Rep. Rick Boucher (D., Va.) spoke at Stanford Law School as part of a speaker series sponsored by the Stanford Law and Policy Review ("SLP…
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Remix and Fairness
Professor Robert Merges has commented recently on the remix debate, making the point that present copyright law should not be fundamentally changed in order to…
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Victory in Shloss v. Estate of James Joyce
We won an important victory over the Estate of James Joyce's motion to dismiss last week in Shloss v. Estate of James Joyce. The Estate had moved to dismis…
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Internet at the next Ocean Tomo IP Auction
For the past year I’ve tracked the series of Ocean Tomo Patent / IP Auctions. The third in the series occurs April 2007 in Chicago, and I just received the cat…