The U.S. Copyright Office’s Section 512 Report Is “Unbalanced” After five years of work, the U.S. Copyright Office has issued its lengthy report about how the DMCA safe harbors are working. If you want to read it, you can read it here. The headline takeaway was that,...
DMCA = Darth’s Malicious Copyright Attack Warning: careful about clicking some of the links. There may be spoilers. Well, a spoiler. I have it on good authority that Star Wars fans were surprised to discover an action figure1Star Wars action figures are a major thing,...
Fair Use Has a Weird Relationship with Trademark By now you know that fair use is a squishy, fact-intensive, unpredictable but absolutely necessary feature of copyright law. But at least fair use’s role in copyright law is well understood. It’s just hard to apply....
The Attack of the $1200-an-Hour Gorilla Someday, someone will have to explain to me what is so awesome about David Boies. He bills out at something like $1200 an hour, which ought to buy a lot of awesome. But there’s not much awesome about his strategy for suppressing...
It’s Outrage Week! I know this is hard on the heels of my take on an outrageous attempt to leverage a dicey trademark registration into some settlement money, but at least there, you could admire the guy’s chutzpah. What I want to talk about today is willfully...
