Copyright, Trademark, and the Ninth Circuit’s Flirtations With ‘Aesthetic Functionality’

By |2018-07-03T18:01:31-04:00September 22nd, 2011|Intellectual Property Issues|

Prof. Justin Hughes, Cardozo School of Law, Yeshiva University September 22, 2011 Patents, copyrights OR trademarks – that’s easy.  Patents, copyrights, AND trademarks – that’s more difficult.  Vexing issues often arise when a party claims that the same thing or same interest is protected by more than one form of intellectual property.  Our general rule [...]

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Notice and Takedown, Here and Abroad

By |2018-07-03T11:53:51-04:00September 15th, 2011|Intellectual Property Issues|

Prof. James Gibson, University of Richmond School of Law September 15, 2011 The Digital Millennium Copyright Act has been around for more than a dozen years now.  Some of its provisions were just weird, such as the one that established sui generis protection for boat hull designs.  Others have had a skeptical reception in the [...]

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Google’s Dominance of Media Economy Could Foreclose Competition, Media Institute Warns in Comments to Federal Trade Commission

By |2018-03-18T16:30:52-04:00August 31st, 2011|Press Releases|

FOR RELEASE: Aug. 31, 2011 Contact: Richard T. Kaplar The Media Institute 703-243-5700 Arlington, Va., Aug. 31, 2011 – Despite its informal slogan, “Don’t be evil,” Google has shown a willingness to exercise its dominant position in online search to the detriment of media companies, publishers, and journalists. Without some type of government intervention, [...]

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Google and the Media Economy

By |2018-03-18T15:46:41-04:00August 30th, 2011|Law & Policy|

Filed a white paper with the Federal Trade Commission stating that Google's dominance of the media economy could foreclose competition in key industry segments including media, search, online, and mobile.  Google has shown a pattern of aggregating the content of others for its own gain and then foreclosing competitors from that same aggregated content, [...]

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When a Work Debuts on the Internet, What Is its Country of Origin?

By |2018-07-03T18:01:56-04:00August 29th, 2011|Intellectual Property Issues|

Prof. Jane C. Ginsburg, Columbia University School of Law* August 29, 2011 My previous column, “Internet Publication and U.S. Copyright Imperialism,” criticized a recent decision of a federal district court in Florida in Kernal Records OY v. Moseley, 2011 Dist. LEXIS 60666 (S.D. Fla. June 7, 2011), for ruling that a Norwegian composer’s work “published” [...]

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The Next Android Shakedown

By |2018-06-04T16:51:34-04:00August 22nd, 2011|Intellectual Property Issues|

Prof. Doug Lichtman, UCLA School of Law August 22, 2011 Google’s Android operating system is under siege.  Oracle has a substantial patent and copyright case underway in which it alleges that Android is illegally derivative of the Sun programming language, Java.  Apple has literally dozens of patent cases underway, alleging that Samsung, HTC, and Motorola [...]

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FCC Commissioner Robert McDowell and AT&T’s Randall Stephenson To Be Recognized at Media Institute Friends & Benefactors Awards Banquet

By |2018-03-18T15:10:32-04:00August 18th, 2011|Press Releases|

Senator Mark Warner To Deliver Keynote Remarks at Oct. 18 Event FOR RELEASE: Aug. 18, 2011 Contact: Richard T. Kaplar The Media Institute 703-243-5700 Arlington, Va., Aug. 18, 2011 – The Media Institute will bestow awards on FCC Commissioner Robert M. McDowell and AT&T CEO Randall Stephenson at its annual Friends & Benefactors Awards [...]

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Making News or Breaking News

By |2018-07-03T18:02:24-04:00August 16th, 2011|Intellectual Property Issues|

Prof. Rodney A. Smolla, President, Furman University August 16, 2011 It is one thing to make news, and yet another to break it.  The distinction between making and breaking news recently proved critical in a fascinating intellectual property case involving the rights of Internet news aggregators to scoop the stock trade recommendations of large financial [...]

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Toto, I’ve a Feeling We’re Not in the Public Domain Any More

By |2018-06-04T16:51:09-04:00August 8th, 2011|Intellectual Property Issues|

Prof. Randal C. Picker, The University of Chicago Law School August 8, 2011 L. Frank Baum set out to create “a modernized fairy tale, in which the wonderment and joy are retained and the heart-aches and nightmares are left out.”  So said Baum writing in Chicago, in April 1900, in the introduction to his book [...]

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If Silicon Valley Builds Legal Celestial Jukeboxes, Will Music Fans Return to the Market?

By |2018-06-04T16:50:40-04:00July 26th, 2011|Intellectual Property Issues|

Prof. Peter S. Menell, Director Berkeley Center for Law & Technology University of California at Berkeley School of Law July 26, 2011 In the 1989 sports drama, “Field of Dreams,” struggling Iowa corn farmer Ray Kinsella hears a whisper: “If you build it, he will come.”  Rebelling against his father’s lack of spontaneity and following [...]

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