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Patent Troll Loses Twice in Court; Meanwhile, a Patent Reform Bill Is Reintroduced

  • BlogCopyrightPatent LawTrademark & Unfair Competition
  • ByEllii Cho
  • OnMarch 16, 2015
The phrase “patent troll” has been an Internet buzzword for almost a decade but the search for and implementation of effective tools to curb patent trolling is undoubtedly an ongoing endeavor. This blog post surveys current efforts to restrain patent…

Your Samsung Smart TV May Not be Spying On You, But Here’s Why You Should Still Be Careful

  • BlogCopyrightData LawPrivacy
  • ByJessica Zeichner
  • OnMarch 5, 2015
Samsung has come under fire more than once in recent weeks. In one incident, owners of its Smart TVs have been complaining that Samsung is inserting Pepsi ads during the playback of their own locally stored movies. Samsung initially tried…

3D Printing and Patent Liability

  • BlogCopyrightData LawMedia LawPatent Law
  • ByJ.T. Gaskill
  • OnFebruary 19, 2015
  • 1 Comment
Dr. Hideo Kodama developed the first three-dimensional printing technology, called Rapid Prototyping (“RP”), in 1980. Kodama developed his RP technology for creating industrial prototypes. Kodama unfortunately failed to file the full patent specification before the one-year deadline. Six years later,…

That Facebook Hoax Explained

  • BlogCopyrightData LawFirst AmendmentMedia LawPrivacySocial Media
  • ByAmy Delauter
  • OnFebruary 9, 2015
“Better safe than sorry right. Channel 13 news was just talking about this change in Facebook’s privacy policy. Better safe than sorry. As of January 3rd, 2015 at 11:43am Easter standard time. I do not give Facebook or any entities…

Protecting Fashion: A Comparative Analysis of Fashion Design Protection in the U.S. and Europe

  • BlogCopyrightFashion Law
  • ByFrancesca Montalvo Witzburg
  • OnSeptember 19, 2014
  • 4 Comments
Francesca Montalvo is an Associate at the IP law firm of Ladas & Parry. She was editor-in-chief of Volume 32 of the Cardozo Arts and Entertainment Law Journal. In the year 2012 alone, the U.S. fashion industry generated over $330 billion…

“Copyright is for losers©™” : Street Art Flourishes in Intellectual Property’s Negative Space

  • BlogCopyrightTrademark & Unfair Competition
  • ByCathay Y. N. Smith
  • OnJune 20, 2014
((“Copyright is for losers©™” is attributed to Banksy)) To exist in intellectual property’s “negative space” is characterized as existing in “the territory where IP law might regulate, but (perhaps for accidental or nonessential reasons) does not.” ((Kal Raustiala and Christopher…

Sarkeesian and Copyright: Testing the Boundaries of ‘Transformative’ Fair Use in Online Critique

  • BlogCopyright
  • ByJoe Newman
  • OnApril 8, 2014
  • 2 Comments
A recent controversy within online gaming community involves the video blogger Anita Sarkeesian and her video series “Tropes vs. Women in Video Games.” Sarkeesian’s video critiques the portrayal of women in video games and related media. However, this controversy is…

“Look What They’ve Done To My Song, Ma” – “Baby Got Back,” Glee, and Moral Rights

  • BlogCopyright
  • ByWebmaster
  • OnMarch 13, 2014
  • 1 Comment
Author: Joe Newman, Legal and Policy Fellow at The Future of Privacy Forum The story of Jonathan Coulton and song copying on Glee was one of the biggest copyright-related stories of 2012, with plenty of media coverage (and even a fictionalized TV adaptation).…

Creative Destruction in Cariou v. Prince

  • BlogCopyright
  • ByManaging Editor
  • OnFebruary 10, 2014
  • 5 Comments
Author: Anthony R. Enriquez, J.D., New York University School of Law 2013. When portrait photographer Patrick Cariou saw that his original photos of Jamaican Rastafarians had been used by renowned appropriation artist Richard Prince in a collage series called “Canal…

Tetris Holding v. Xio Interactive Isn’t as Great a Case as Video Game Developers Think It Is

  • BlogCopyright
  • ByManaging Editor
  • OnDecember 23, 2013
Author: Sam Castree, III, Chicago-Kent College of Law, J.D. Class of 2013 (For a more extensive treatment of this and related issues see A Problem Old as Pong: Video Game Cloning and the Proper Bounds of Video Game Copyrights) Advances in technology…

GUERILLA RADIO: How Unlicensed Live TV Retransmissions Threaten the Music Industry

  • BlogCopyright
  • ByWebmaster
  • OnSeptember 30, 2013
  • 3 Comments
Brandon Sherman, Benjamin N. Cardozo School of Law, J.D. 2013 Since February 2012, online live TV service “Aereo” has given its subscribers the ability to watch, record and replay over-the-air (“OTA”) broadcast television on any Internet-connected device.  Since Aereo’s technology…

Is Your Birthday Suit an Intangible Medium of Expression or Are You Bound to the Shackles of Copyright Law?

  • BlogCopyright
  • ByWebmaster
  • OnSeptember 29, 2013
  • 1 Comment
Arrielle Millstein, J.D., Widener University School of Law 2013 (For more extensive treatment of this topic, including policy considerations as to why Congress should amend the 1976 Copyright Act to classify human flesh as an intangible medium of expression, see…
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    • 25 Years of Section 230: Retain, Reform, or Repeal?
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    • Diamond Anniversary: 75 Years of the Lanham Act
    • Trophies for the Empire
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      • New Impressions on Advertising Law
      • 3D Printing and Beyond
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