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Danny Thorne

Intellectual Property & New Info Technology - 0 views

  • The constitutional rationale was that, if authors were guaranteed the fruits of their labor, they would be encouraged to write more. In today's world, it is publishers not authors that hold copyright. And the dominant view of lawmakers is that the "limited time" that copyright should be in effect is quite long.
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    Lots of links to sites related to intellectual property and new information technology.
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.
Danny Thorne

A Gift of Fire: Instructor's Manual - 0 views

  • Student presentation and class discussion topics
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