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Archive for the ‘Fair Use’ Category

Following an unfavorable verdict from a second jury and the Court’s denial of the first motion for judgment as a matter of law (“JMOL”), Oracle America, Inc. (“Oracle”) filed a renewed motion for JMOL pursuant to FRCP Rule 50(b). Oracle’s second motion, filed July 6, 2016, claimed that “no reasonable jury” could find that Google’s “verbatim [and] entirely commercial” copying of Oracle’s code, in order to compete with Oracle, was fair use.[1] The motion will be heard on August 18, 2016.

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Posted On Jul - 21 - 2016 Add Comments READ FULL POST

Ninth Circuit Amends Opinion to Broaden Fair Use Protections in DMCA Takedowns

By Sheri Pan – Edited by Henry Thomas

Lenz v. Universal Music, the “dancing baby” copyright case, was decided in 2015. However, in March of 2016, the 9th Circuit issued an amended opinion. The changes removed language – mostly dicta – from the original opinion, seemingly raising the bar for copyright holders. Importantly, language suggesting that rightsholders need not conduct a “searching or intensive” review of potential fair use defenses was removed.

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Posted On Apr - 4 - 2016 Add Comments READ FULL POST

Analyzing the Equals Three v. Jukin Media Opinion

By Feiran (Felicia) Chen- Edited by Yiran Zhang

The court held that  Equals Three’s videos favored fair use as commenting on viral videos is transformative with the exception of one episode.

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Posted On Nov - 4 - 2015 Comments Off READ FULL POST

Flash Digest: News In Brief
By Ken Winterbottom

Theft drives former Bitcoin giant Mt. Gox into bankruptcy

Lessig v. Liberation Music Settlement

“Google Tax” scrapped in Italy

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Posted On Mar - 3 - 2014 Comments Off READ FULL POST

GoldieBlox Backs Down from Copyright Fight with Beastie Boys

GoldieBlox, Inc. v. Island Def Jam Music Group
By Elise Young – Edited by Alex Shank

On November 21, after the Beastie Boys’ threatened suit, toy company GoldieBlox filed for declaratory judgment that its use of the Beastie Boys’ song, “Girls,” in one of its ads was fair use. The ad, for girls’ engineering toys, had previously gone viral. In their response, the Beastie Boys emphasized their consistent refusal to allow use of their songs in advertising. GoldieBlox removed the ad and promised to drop the suit if the Beastie Boys’ backed down.

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Posted On Dec - 5 - 2013 Comments Off READ FULL POST
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Photo By: Robert Scoble - CC BY 2.0

Oracle Renews Motion

[caption id="attachment_3907" align="alignleft" width="213"] Photo By: Robert Scoble - CC ...

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