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Archive for the ‘Fair Use’ Category

Section 1201 Rulemaking: Fifth Triennial Proceeding to Determine Exemptions By Jessica Vosgerchian – Edited by Dorothy Du Recommendation of the Register of Copyrights On October 25, the Register of Copyrights and the Librarian of Congress announced new recommendations for exemptions to Section 1201(a)(1)(A) of the Digital Millennium Copyright Act (“DMCA”) effective October 28. Section 1201(a)(1)(A) of the DMCA makes it illegal to circumvent technological controls found in electronic devices that control access to copyrighted works. Section 1201(a)(1)(B), however, allows the ... Read More...
Posted On Nov - 7 - 2012 1 Comment READ FULL POST

On Wednesday the U.S. District Court for the Southern District of New York granted HathiTrust’s motion for summary judgment on the copyright infringement claims, dismissing the claims brought by the Authors Guild. The HathiTrust Digital Library (“HDL”) is a massive, Google-affiliated book-digitization project led by academic institutions such as the University of California and Indiana University; it had scanned and placed books in the HDL without consulting rights holders.

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Posted On Oct - 15 - 2012 1 Comment READ FULL POST
California District Court Dismisses Oracle’s Copyright Infringement Claims Against Google, Finds APIs not Copyrightable By Susanna Lichter – Edited by Jennifer Wong Oracle America, Inc., v. Google Inc., No. C 10-0361 WHA (N.D. Cal. May 31, 2012) (hosted by Groklaw) The U.S. District Court of Northern California in San Francisco dismissed Oracle’s claims that Google had infringed Oracle’s copyright in 37 application programming interfaces (“APIs”), holding that the particular elements duplicated in Google’s Android operating system were free for all ... Read More...
Posted On Jun - 10 - 2012 Comments Off READ FULL POST
Jury Decides Google Did Not Infringe Oracle Patents but Question of Whether APIs Can Be Copyrighted Remains By Brittany Horth – Edited by Michael Hoven Oracle America, Inc. v. Google Inc., No. 10-03561 (N.D. Cal. 2012) Special verdict on copyright claims from May 7, 2012 (hosted by Scribd) Special verdict on patent claims from May 23, 2012 (hosted by Scribd) A jury in the U.S. District Court of Northern California in San Francisco unanimously decided that Google’s Android mobile operating ... Read More...
Posted On May - 30 - 2012 Comments Off READ FULL POST
Second Circuit Holds that Submission of Entire Copyrighted Work in Judicial Proceedings Constitutes Fair Use By Kaethin Prizer – Edited by Esther Kang Hollander v. Steinberg, No. 10-1140-cv (2d Cir. Apr. 5, 2011) Summary Order hosted by Scribd.com The Second Circuit affirmed the decision of the District Court for the Eastern District of New York, which had granted summary judgment in favor of the defendant in a copyright infringement suit. The Second Circuit applied the traditional four-factor fair use test, ... Read More...
Posted On Apr - 15 - 2011 Comments Off READ FULL POST
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