Vernor v. Autodesk and the End of the First Sale Doctrine

The 9th Circuit’s Vernor v. Autodesk test demolishes the first sale doctrine by making its application contingent solely on the licensing agreement written by the copyright holder. Though the Vernor case centers on the distribution of software, there is no limiting principle that prevents the Vernor test from being applied broadly to all copyrighted works. Thus, the Vernor test, if upheld, it could mean the end of all markets for used copyrighted works. The First Continue Reading →

Mom Makes Progress in Suing Universal For Taking Down Her YouTube Video

On February 8, 2007, Stephanie Lenz uploaded a 29-second home movie of her son walking around her kitchen and dancing to YouTube.  Her son is bopping along to the beat of Prince’s “Let’s Get Crazy.” Unlike some YouTube videos, this music was not added after through an editing process – it is merely the song that was on in the background in her house and the time and therefore was recorded on the video. Despite Continue Reading →

Australian Federal Court Finds ISP Not Liable For Users’ Copyright Infringements

In a decision delivered on February 4, 2010, the Federal Court of Australia (see Wikipedia entry here) ruled that Australian Internet Service Provider (ISP) iiNet could not be held liable for unauthorized downloads of copyrighted movies by its customers (Roadshow Films Pty Ltd v iiNet Limited (No. 3)). The applicants were a coalition of thirty-four Australian and U.S. motion picture production companies, assisted in the conduct of their claim by the Australian Federation Against Copyright Continue Reading →

RIAA File-Sharing Suit Will Go To A Third Trial

The RIAA’s suit against Jammie Thomas-Rasset for sharing music files looks like it is headed for a third trial. In order to avoid this trial, Thomas-Rasset would have to accept the settlement offered by the RIAA. Her lawyers have stated that she will not accept it, reports Wired, making another trial likely.  The lawsuit has attracted critical attention because of the massive damages awarded in two earlier trials, and because it is part of a Continue Reading →

STLR Link Roundup – January 15, 2010

Here’s the latest on the STLR radar: Twitter is a source of evidence for a murder charge, reports the New York Daily News.  But could those tweets be copyrighted?  Law.com’s Law Technology News weighs in. The Electronic Frontier Foundation provides a good, link-heavy analysis of the unanswered questions surrounding Google’s decision to stop censoring their Chinese services. For some reason, Psystar keeps fighting Apple, posts Gizmodo. Custom and Border Protection’s laptop searches may have gone Continue Reading →

STLR Link Roundup – January 8, 2010

Here’s the latest on the STLR radar: Chief U.S. District Judge Vaughn Walker in San Francisco decided to allow showing the trial challenging California’s Proposition 8 on YouTube, reports the San Francisco Chronicle.  The Wall Street Journal Law Blog questions whether that’s a good thing. Patent Librarian notes that Wikipedia citations in patent applications are up 59%, but Patently-O puts that increase in perspective. A report commissioned by the French government recommends taxing Google on Continue Reading →

STLR Link Roundup – December 4, 2009

The latest on the STLR radar: Patent Docs reviews Senator Patrick Leahy’s proposals for patent reform. Third Circuit gives “Spam filter ate my filing notice” excuse a second chance, from the Technology & Marketing Blog. EFF sues to find out how the government spies on us using social networks; Indiana University students makes a Freedom of Information request to find out much the big telcos charge the government to spy on their networks, says Wired. Continue Reading →

The ACTA – It’s Top-Secret, It’s Controversial, And It Could Change The Face Of Copyright Enforcement

The Anti-Counterfeiting Trade Agreement (ACTA) made the news again last Friday, after the Motion Picture Association of America sent a memo to the Senate Judiciary Committee affirming its support of the treaty. The MPAA condemned the opposition’s “strident attacks” and accused it of an irrational hatred of the entertainment industry. The memo comes shortly after the 6th round of ACTA negotiations that took place earlier this month. The Anti-Counterfeiting Trade Agreement ACTA is a proposed Continue Reading →

Psystar Is Swatted Down In Court In Suit Against Apple

Those in the market for a so-called “Hackintosh,” a non-Apple computer which runs Apple’s Mac OS X, will soon be out of luck, as commercial Mac clone dealer, Psystar, was recently dealt a major setback in the United States District Court for the Northern District of California.  On November 13th, the court granted Apple Inc.’s summary judgment motion on its copyright and DMCA claims against Psystar, all but foreclosing the possibility of buying a non-Apple-made Continue Reading →

John McCain and the Music Makers

Senator John McCain’s presidential campaign recently raised the hackles of a number of prominent recording artists for using their music in TV ads and at rallies.1 The all-star lineup of affronted artists included Van Halen (for use of “Right Now;” they also objected to George W. Bush’s use in 2004), Foo Fighters (for use of “My Hero” at rallies),John Mellencamp (for use of “Pink Houses”), Jackson Browne (for use of “Running on Empty” by the Continue Reading →