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Danny Thorne

Intellectual Property Professional Information Center: PLI Panelists Critical of Trends... - 0 views

  • In May, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction barring Google Inc. from displaying thumbnail versions of photographs found on an adult-oriented Web site, reasoning that the Web site owner was unlikely to overcome Google's fair use defense. Perfect 10 Inc. v. Amazon.com Inc., 487 F.3d 701 (9th Cir. 2007).
  • Jeffrey P. Cunard, of Debevoise & Plimpton, Washington, D.C., > termed secondary liability a “leaping mess,” which he > attributed to an effort on the part of the courts to erode the > Sony-Betamax > prescription for secondary liability, and not have > it apply in a digital era. > In Sony Corp. v. Universal Studios Inc., 464 U.S. 417 (1984), the U.S. Supreme Court held that if a technology is “capable of substantial noninfringing uses,” the manufacturer of that technology cannot be liable for the infringing acts of users.
  • Metro-Goldwyn-Mayer Studios > Inc. v. Grokster Ltd. > , 125 S.Ct. 2764, 33 Med.L.Rptr. 1865 (2005) >
  • ...7 more annotations...
  • Grokster > defendants had taken affirmative steps to foster > infringement. >
  • the court emphasized that facilitating a payment is peripheral to the > actual infringement, which is the unauthorized distribution of a > copyrighted work. >
  • Perfect 10 Inc. v. Visa International Service > Association, > 494 F.3d 788 (9th Cir. 2007) >
  • the key issue in secondary liability is the business model.
  • copyright law is out of sync with developments in technology.
  • statutory damages for secondary liability should be written out of the Copyright Act.
  • dramatic growth in online advertising and new business models will continue to shape the legal landscape, and predicted, in particular, an explosion in legal issues related to social networking.
nagareochiru

Science Fiction Writer Robert J. Sawyer: Isaac Asimov (Toronto Star) - 0 views

  • Dr. Asimov, 65, is a severe critic of Star Wars. "I'm against it, not because I'm a science-fiction writer, and therefore have special knowledge, but because I like to think I'm a sane human being." He believes Star Wars is a dangerous waste of money. "They're talking about spending $33 billion on research related to Star Wars. We're going to withdraw money from needed aspects of developing knowledge in order to set up something that probably won't work and even if it does work, won't do us any good."
  • Part of the problem with Star Wars is that it will take years to develop. "If I were the Soviet Union, I would have spent all this time trying to work up methods to penetrate the shield," said Asimov, who was born in Russia but grew up in New York. "I have a strong suspicion it would be cheaper to penetrate the shield than to set it up. "And if we're in real danger of a nuclear war now, trying to set up something for the middle of the 21st century isn't going to do us any good. In fact, by filling us full of false confidence, we're not going to make a strong enough effort to prevent war now."
  • "There are science-fiction writers, notably myself and Arthur C. Clarke, who were anti-Vietnam and are anti-Star Wars," said Asimov. Clarke, the author of 2001: A Space Odyssey, was born in England and lives in Sri Lanka. "Clarke was howled down once by someone saying as a non-American citizen he had no right to make comments about Star Wars. That's an extremely stupid remark. "If you have no right to decry the policy of a country unless you are a citizen of that country, why the hell is Reagan always yelling about the Soviet Union? Is he a Soviet citizen?"
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  • "I'm convinced nuclear winter is actually something that will happen," said Asimov. "Unless we're completely insane, we don't dare take the chance. So what the hell good is this whole damned thing?"
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