Massive Attack: Analyzing mass copyright infringement campaigns

Originally posted 2011-06-07 11:23:44. Republished by Blog Post PromoterI am about to give my presentation on a panel at the annual meeting of the Copyright Society of the USA at the Sagamore resort in lovely Bolton’s Landing, New York bearing this title. Here is the outline of my presentation.  Who knows where it’s really going to go. Let us not be motivated to criticism by lawyer resentment over those who know how to make real money Especially when it is other lawyers Bloggers understand or are charged to understand that copyright infringement is still copyright infringement even if (a) one…

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McCain comes clean

Originally posted 2010-01-04 20:31:41. Republished by Blog Post PromoterSenator McCain finally admits his hierarchy of values: The Constitution is nice, but a mainstream media monopoly on opinion is nicer. (Via Instapundit.) No wonder they like him so much! UPDATE: On reflection I realized that this post requires more than smarm. Is this position so unreasonable? There are, after all, certain things more fundamental to government than even constitutional principles, aren’t there? What good is a constitutional protection that is rendered meaningless by corrupt government? Many nation states have constitutions that promise the moon, but because government is operated by a... Read more

Likelihood of opposition

Originally posted 2013-05-03 10:16:51. Republished by Blog Post PromoterThey’re having trouble assimilating the concept of worker Yao Ming in the People’s Republic of China. Of course most of us have trouble assimilating someone who’s 7’5″ (or so); all the more so in China, I suppose. Not that they haven’t tried. But this is ridiculous. Read more

“This will affect people from top to bottom.”

Originally posted 2011-03-03 21:14:00. Republished by Blog Post PromoterThat was the comment from pornographer Jim McAnally (careful how you type that), who told Wired mag that “more than half of hard-core websites, including some of his, will have to dump significant numbers of photos and videos” because of a new law requring smut peddlers to keep detailed records, including provenance information, with respect to their dirty pictures. The purpose of the law is to ensure that images of minors are not used in pornography (this being essentially the only aspect of pornography that is against the law in the U.S.).... Read more

Social networking your way to summary judgment

Originally posted 2008-11-16 00:56:05. Republished by Blog Post PromoterThat’s summary judgment, or worse, against you or your client.  Last February we reported on a decision in which a federal magistrate judge ruled, unsurprisingly, that there is no “social networking privilege.” Now Walter Olson reports and links on further developments and thoughts as follows: Nowhere to hide: When your litigation opponent subpoenas your Facebook, Amazon, MySpace, Flickr, LinkedIn and (locked) Twitter pages. Of course the current “pages” (or current feeds, etc.), other than a locked Twitter page, should not need to be subpoenaed — they’re up there for the downloading, mainly. ... Read more

The United States Supreme Court

We got a little tour of the U.S. Supreme Court building ahead of our argument in Lee v. Tam tomorrow, January 18, 2016. I was allowed to take pictures so I did. If viewing these pictures piques your curiosity, you might enjoy the following links: Visitors’ Guide to the Supreme Court The Supreme Court Building Cass Gilbert Society Architect of the U.S. Capitol:  Supreme Court Building Read more

Running away with it

Originally posted 2012-10-23 19:15:23. Republished by Blog Post PromoterIt’s a marathon, not a sprint! Blawg Review #134 will leave you huffing and puffing. Read more

Move on, already

Originally posted 2014-04-09 07:50:32. Republished by Blog Post PromoterYet another chapter in the abuse of supposed trademark rights in “catchphrases” — now from MoveOn, the “freedom” people. The purveyor of an “infringing” T-shirt ran for the hills, intimidated unjustly — classic “big IP” stunting at work. (Why don’t these folks even try to find pro bono lawyers? I’m not the only one who would have handled this case for free.) IP doth make villains of us all! (Speaking of evil — another hat tip to Instapundit, too!) Read more

Best of 2011: The big guys

Originally posted 2011-12-20 08:35:56. Republished by Blog Post PromoterOriginally posted on February 8, 2011. I try these days not to blog about blogging, but this item seemed like a good opportunity to depart from the general rule. My friend Ray Dowd of Copyright Litigation Blog fame has caught a little attention with this post listing “the top 50 intellectual property law blogs of all time,” according to Justia’s Blawgsearch.  (Ray’s blog made the list, as did LIKELIHOOD OF CONFUSION® and pretty much all the usual suspects). I don’t know what the criteria of “top” are, but I suspect there is in fact... Read more