Hyperlinking and Infringement: The CJEU Decides (sort of)

By |2018-07-03T17:50:26-04:00March 17th, 2014|Intellectual Property Issues|

Prof. Jane C. Ginsburg*, Columbia University School of Law March 17, 2014 On February 13 of this year, the Court of Justice of the European Union rendered its decision in Nils Svensson, Sten Sjögren, Madelaine Sahlman, Pia Gadd v. Retreiver Sverige AB (Case C-466/12).  The case concerned a news-clipping service, Retriever Sverige AB, which linked [...]

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Garcia v. Google: Stanislavski and Meisner Pay a Visit to Copyright

By |2018-05-02T21:20:23-04:00March 11th, 2014|Intellectual Property Issues|

Prof. Randal C. Picker, University of Chicago Law School March 11, 2014 On Feb. 26, 2014, the Ninth Circuit released its opinion in Garcia v. Google and the copyright law professor community went ballistic.  I measure that by the volume of tweets that I saw in my twitter feed and then by the traffic on [...]

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Examining Copyright’s Lost Ark To Analyze the Aereo Case

By |2018-07-02T12:38:30-04:00March 4th, 2014|Intellectual Property Issues|

Peter S. Menell, Koret Professor of Law and Director, Berkeley Center for Law & Technology, University of California at Berkeley School of Law March 4, 2014 The Supreme Court will soon confront whether Aereo’s service – which affords subscribers access to over-the-air television signals through the use of dime-sized, customer-specific antennas and remote digital video [...]

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Media Institute Files Brief in U.S. Supreme Court Opposing Aereo’s Attempt To Disregard Copyright Protections of Broadcasters

By |2018-03-18T15:22:16-04:00February 27th, 2014|Press Releases|

FOR RELEASE: February 27, 2014 Contact: Richard T. Kaplar The Media Institute 703-243-5700 Arlington, Va., Feb. 27, 2014 – The Media Institute has filed a friend-of-the-court brief with the U.S. Supreme Court in a case that could have disastrous consequences for the U.S. broadcasting industry.  The Institute filed a brief in American Broadcasting Companies, [...]

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Unlicensed Retransmission: Aereo

By |2018-03-18T15:50:30-04:00February 26th, 2014|Law & Policy|

Filed an amicus brief in the U.S. Supreme Court, in a case that could have disastrous consequences for the U.S. broadcasting industry.  The Institute filed a brief in American Broadcasting Companies, Inc. v. Aereo, Inc., arguing that Aereo's model for distributing broadcast content to its subscribers violates broadcasters' rights under copyright law and is merely a blatant [...]

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Aereo in International Perspective: Individualized Access and U.S. Treaty Obligations

By |2018-07-04T13:33:21-04:00February 18th, 2014|Intellectual Property Issues|

Prof. Jane C. Ginsburg, Columbia University School of Law* February 18, 2014 This column will address the Aereo1 controversy currently pending before the Supreme Court from an international perspective, in light of the EU Commission’s condemnation of an Italian law authorizing “remote DVR” services, and the Court of Justice for the European Union’s rejection of [...]

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Second Thoughts About Independent Invention: Searching for Kind Words About Absolute Liability in Patent Law

By |2018-07-03T17:51:48-04:00February 15th, 2014|Intellectual Property Issues|

Prof. Robert P. Merges, University of California at Berkeley School of Law February 15, 2014 Under U.S. patent law, it is irrelevant whether an infringement defendant copied from the patentee or independently invented the patented invention.  Many commentators have decried this aspect of patent law.  The consensus is clear: Patent law needs an “independent invention” [...]

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The Showdown Shapes Up: Broadcasters, Aereo, Aereokiller, and FilmOn X

By |2018-07-04T13:34:40-04:00February 4th, 2014|Intellectual Property Issues|

Prof. Rodney A. Smolla, Duke University School of Law February 4, 2014 On Jan. 10, 2014, the Supreme Court granted the petition for certiorari filed by broadcasters in ABC, Inc. v. Aereo, Inc., in a case that puts in play the American television broadcast industry as we know it.  The petitioners in the case are [...]

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Small Fry in Copyright Litigation

By |2018-07-03T17:52:22-04:00January 29th, 2014|Intellectual Property Issues|

Prof. James Gibson, University of Richmond School of Law January 29, 2014 In two of my earlier entries in this series, I discussed the results of an empirical study of copyright cases that I have been doing with my colleague Chris Cotropia.  One of those entries focused on how hard the parties in copyright lawsuits [...]

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FIRE’s Greg Lukianoff Joins Media Institute’s First Amendment Advisory Council

By |2018-03-18T15:21:38-04:00January 29th, 2014|Press Releases|

FOR RELEASE: January 29, 2014 Contact: Richard T. Kaplar The Media Institute 703-243-5700 Arlington, Va., Jan. 29, 2014 – First Amendment attorney Greg Lukianoff has joined The Media Institute’s First Amendment Advisory Council, it was announced today by Patrick D. Maines, president of the Institute. Mr. Lukianoff is president of the Foundation for Individual [...]

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