Copyright Law

Failed Brands Try to Look Like the Cool Kids: Is This Infringement?

August 7th 2008

Both Joe Camel and JC Penney have tried to reverse their fortunes by attempting to look like other brands that have seen greater success in recent years. But there’s a gossamer-thin line between imitation, homage and infringement. Few cartoon mascots are more hated than Joe Camel, who Reason online named the “most vilified cartoon character in history.” (This […]

Pax Google Gives The Future of Spam a Name: Knol

August 6th 2008

Search pundit Danny Sullivan often jokes that he remembers when “Google used to be a search engine.” They’ve become an advertising business, a cell-phone operating system maker, a blog platform, and now a venture capital firm. But at their core, Google is about search. And Knol, their “answer to Wikipedia,” creates a screaming conflict of […]

Software Maker Locks Customers Out, Uses Hacker Code to Let Them In

August 4th 2008

If you manufactured automobiles, you’d also likely need to make keys so that your customers could start their engines. Ubisoft, publishers of Tom Clancy’s Rainbow Six Vegas 2, recently missed the equivalent of that second step when they released their game for sale as a downloadable file on the Internet.  Unfortunately, the security program surrounding […]

William Patry Closes the Leading Independent Copyright Blog

August 3rd 2008

Bill Patry has decided to discontinue his popular copyright blog. He lists two reasons: The tendency of readers and the media to link his personal writing as a professional position. Patry is Google’s top copyright attorney (there, see? I’ve done it too).  It’s easy to identify bloggers as whatever their current job is, especially if […]

Fair Use Argument Triumphs Over Michael Savage’s Jackassery

August 1st 2008

U.S. District Judge Susan Illston of San Francisco dismissed a lawsuit by conservative radio talk-show host Michael Savage against a Muslim rights group that reprinted his attacks against Islam. Thanks to the court’s ruling you can listen to the over the top rant at the center of this dispute. Judge Illston supported the doctrine of […]

Linkroll: More Online Law News Than the Pan Can Handle

July 30th 2008

FCC Prepares to Punish Comcast A majority of members of the Federal Communications Commission have cast votes in favor of punishing Comcast Corp. for blocking subscribers’ Internet traffic, an agency official said Friday. ISP Ad Networking Scheme May Violate Wiretap Laws The Center for Democracy & Technology has advanced a legal theory that the practice […]

Be An Owner, Not A Consumer: Don’t Get Licensed Out of Your Stuff

July 23rd 2008

Do You Own What You Buy? Increasingly, it seems that we no longer own our own stuff. Is Your Website Yours? Are we getting used to governments seeking to regulate websites? If I own or rent a server, and pay to connect it to a private network so that other users can access my private […]

Evidence Eliminator Didn’t Help Carter Bryant Beat Mattel

July 19th 2008

Do you remember last month’s post about the toy designer who wiped his laptop with Evidence Eliminator before providing it for discovery? That didn’t help enough. The jury’s back; Mattel won. MGA Entertainment, the maker of the Bratz, is liable for copyright infringement and contract interference. Now the penalty phase of the trial begins. The […]

Linkroll: Links to Ideas Worth Knowing

July 12th 2008

TV’s Getting Old: The Christian Science Monitor notes that for the first time, last season’s average viewer was more than fifty years old: “If today’s TV audience were a person, it wouldn’t even be a part of the target demographic anymore.” With games and the Internet, TV simply isn’t the “first screen” for the young […]

The Videos You Watch Aren’t So Private – But Google’s Code Is

July 4th 2008

In its $1 billion copyright lawsuit, Viacom sought to force Google to turn over what many would consider to be trade secrets and private user records as part of discovery. Yesterday, US District Judge Louis L. Stanton agreed with Google that requiring it to disclose its search algorithms would unnecessarily put its trade secrets at […]