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Copyright Patent Law Trade Secrets Trademarks Uncategorized

[Archived Post] Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief

Last spring, the Arts & Entertainment Advocacy Clinic at Scalia Law School filed an amicus brief on behalf of intellectual property law scholars in the Fox News v. TVEyes copyright infringement case. Assisting the students on the project was practicing IP attorney and Scalia Law alum Jennifer Atkins, who volunteered her time—and the time of […]

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Copyright Copyright Licensing Copyright Theory Infringement Intellectual Property Theory Internet Reasonable Royalty Uncategorized

[Archived Post] Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners

In a recent op-ed in the LA Times, Professors Chris Sprigman and Mark Lemley praise the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) as “a bit of copyright law worth saving.” They argue that Section 512 of the DMCA continues to serve its purpose of balancing the rights of copyright owners […]

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Copyright Internet Uncategorized

[Archived Post] CloudFlare’s Desperate New Strategy to Protect Pirate Sites

San Francisco-based CloudFlare has earned a somewhat dubious reputation in the online world. Website owners can set up CloudFlare in just a few minutes, gaining the performance, security, and privacy benefits the service provides. Traffic routed through CloudFlare’s global content delivery network is cached for faster delivery times and protected from numerous online threats. Pirate […]

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Copyright Innovation International Law Uncategorized

[Archived Post] The European Union Extends Copyright in Design—and Critics Balk (Yet Again)

The European Union recently decided to support the productive labors of designers by extending legal protections of their works in all areas of copyright, design, and patent law. Just as past legislation in the United States extending copyright terms was attacked with histrionic allegations that this was merely rent-seeking behavior by politically powerful corporations, the […]

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Administrative Agency Commercialization Copyright Copyright Licensing Infringement Innovation Internet Legislation Supreme Court Uncategorized

[Archived Post] Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue

Last week, a group of law professors wrote a letter to the acting Librarian of Congress in which they claim that the current FCC proposal to regulate cable video navigation systems does not deprive copyright owners of the exclusive rights guaranteed by the Copyright Act. The letter repeats arguments from response comments they  filed along with […]

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Copyright Infringement Internet Uncategorized

[Archived Post] The Dangerous Combination of Content Theft and Malware

Cross-posted from the Mister Copyright blog. Malware, short for malicious software, has been used to infiltrate and contaminate computers since the early 1980s. But what began as relatively benign software designed to prank and annoy users has developed into a variety of hostile programs intended to hijack, steal, extort, and attack. Disguised software including computer […]

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Copyright Infringement Internet Uncategorized

[Archived Post] Three Years Later, DMCA Still Just as Broken

By Matthew Barblan & Kevin Madigan In 2013, CPIP published a policy brief by Professor Bruce Boyden exposing the DMCA notice and takedown system as outdated and in need of reform. The Failure of the DMCA Notice and Takedown System explained that while Section 512 of the DMCA was intended as a way for copyright […]

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Copyright Infringement Internet Uncategorized

[Archived Post] Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

The Second Circuit’s recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad. From its convoluted reasoning that copyrights under state law for pre-1972 sound recordings are limited by the DMCA safe harbors, despite the explicit statement in Section 301(c) that “rights or remedies” under state law “shall not be annulled […]

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Copyright Infringement Internet Uncategorized

[Archived Post] Advertiser Pledge Sets Example of Accountability in the Fight Against Piracy

Cross-posted from the Mister Copyright blog. It should come as no surprise that popular websites make money by hosting advertisements. Anyone surfing the web has undoubtedly been bombarded with ads when visiting certain sites, and for websites that offer free services or user experiences, advertisements are often the only way to generate revenue. Unfortunately, websites […]

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Copyright Infringement Internet Uncategorized

[Archived Post] Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Here’s a brief excerpt of my new post that was published on IPWatchdog: Here’s where we are after Capitol Records v. Vimeo: A service provider can encourage its users to infringe on a massive scale, and so long as the infringement it encourages isn’t the specific infringement it gets sued for, it wins on the […]