The question of LIKELIHOOD OF CONFUSION is the signal test to determine if a trademark infringement claim is valid. This blog is about trademark law, copyright law, free speech (mostly as it relates to the Internet) and legal issues related to blogging.
As for me, I'm Ron Coleman, a trademark lawyer in New York. More precisely, I'm a commercial litigator, business attorney and "IP maven" with a special interest in copyright and trademark infringement involving the Internet--including advising clients how to avoid them. I am also a writer and notional general counsel of the largely notional Media Bloggers Association. My firm, Goetz Fitzpatrick LLP, has offices in New York and New Jersey. I'm also a contributor to a few other blogs, including Dean's World.
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Compelling blog post title, no?
So typical of the bloated steroid brains running that business. Yes, guys, you’ll always be able to do just whatever you want to fans, because your product is in unceasingly great demand. Just ask the record companies.
Billed hat tip to TechMeme.
“If You Purchased MLB Game Downloads Before 2006, Your Discs/Files Are Now Useless; MLB Has Stolen Your $$$ And Claims “No Refunds”
November 8th, 2007 at 11:38 am
So is it fair use to “media shift” a now unplayable format? I think doing so falls under Sec. 107 of the Copyright Act, but I would suspect some type of DMCA claim if people started converting video en mass (especially if MLB is represented by the same lawyers as Prince!).
At least with a VHS tape (or even DVD) you can convert it to a “modern” playable format for personal use.
This is another example of the short-sightedness of using DRM to manage copyrighted works. Though, with their market leverage, you are right, Ron… why should MLB (or RIAA) care at all?
February 25th, 2008 at 11:07 pm
[...] Not surprising. MLB is one of the worst abusers of the IP laws, by the way. More here. And here. Incidentally, it’s unquestionably also one of the biggest victims of infringement. But our mothers all taught us that two wrongs don’t make a right, right? [...]