Copyright
Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy Ring
Caesar Kalinowski IV, Liz McNamara, and John GoldmarkThe Ukrainian-based operation was able to operate for years by migrating websites and falsifying domain information to continue illegally distributing thousands of ebooks.
The ‘Embed’ Saga Continues: Another Court Rejects ‘Server Test’ With More Decisions Looming
Kenneth P. NorwickSDNY Rakoff, in Nicklen v. Sinclair, effectively followed Breitbart and fulsomely rejected Perfect 10’s “server rule.” And there is more judicial “embed” activity to be expected in the immediate future.
Dr. Seuss / Star Trek Mashup Case Heads to Trial After Fair Use Roller Coaster Ride
Jeremy S. GoldmanJudge Sammartino denied a motion for summary judgment brought by the plaintiff, Dr. Seuss Enterprises, leaving it to a jury to decide whether ComicMix’s unpublished book – Oh, the Places You’ll Boldly Go! – infringes the copyrights in Dr. Seuss’ famous children’s books.
District Court of Colorado Adopts Meta-Film’s “Access Through an Intermediary” Test in Copyright Case
David Aronoff, Michael Beylkin, and Joshua BornsteinThe decision is the first case in the Tenth Circuit to adopt the “access through an intermediary” test of the highly influential and widely-cited decision Meta-Film Assocs v. MCA.
Talk to the Hand: Michigan Copyright and Trademark Lawsuit Over Similar Hand Gesture Images Clapped Back
Brian D. WassomThis lawsuit vindicates the maxim that “no good deed goes unpunished,” but the outcome provides some encouragement for those using advertising images that are minor variations on common themes.
Second Circuit Affirms Fair Use Dismissal of “Fish Sticks” Copyright Suit
Joe SlaughterThe Second Circuit affirmed the trial court’s dismissal of a copyright infringement lawsuit on fair use grounds
Oracle v. Google: It’s Not Over
Moon Hee LeeThe Court’s decision may have ended the decade-long fight between Google and Oracle, but sets the stage for decades of future copyright litigation.
When Copyright Met Cryptocurrency: A Conversation About NFTs
Jeff HermesMLRC deputy director thinks through non-fungible tokens.
Second Circuit “Clarifies” (Restores?) Law Governing Fair Use
Kenneth P. NorwickThe court not only reversed pretty much the entirety of the extensive decision of the SDNY judge under review but it came close to disowning one of its own most important (and controversial) recent fair use precedents.
Copyrights and Constitutional Takings
Leslie Gardner MasonIs a governmental unit’s use of a copyrighted photo without permission considered a constitutional taking? The Supreme Court of Texas is faced with this question.