Exclusively ours
Ron ColemanThe issue of resales or other “unauthorized distribution” is one that I have been writing about forever here. Julie Zerbo takes us into the future with her continuing coverage of…
Divert me!
I’ve been writing about “diversion” of sales — otherwise known as “unauthorized distribution” or the sale of gray market goods — since forever. And I’ve been litigating it since forever,…
Guest Post: Fair Use or Foul Ball?
Gregory WinskySee below for more information about my colleague Greg Winsky, who is just snarky enough to merit a guest post on LIKELIHOOD OF CONCLUSION on a topic I’ve been covering…
The Internet of Things: A threat to yummy trademarks?
This item came across the ether yesterday: RT @adage: Edible 3-D food printing becomes a reality at Hershey http://t.co/GiYhzUzoR2 pic.twitter.com/LVWDV2ioe2 — Likelihood TM Blog (@likely2confuse) January 29, 2015 Adorable. Delicious.…
Aereo, FilmOn, and the “Shimmer” of maybe-unlawfully-clever digital entertainment delivery
Those of you of a certain age will remember the classic SNL parody commercial for “New Shimmer“: It’s kind of the same thing with Aereo, isn’t it? As I said…
“Aereo” smiths (part two)
In part one of this post I laid out the following propositions: (a) We operate in a common-law system, so want and expect judges to apply the law to new…
“Aereo” smiths (part one)
UPDATE, June 25, 2014: The Supreme Court has ruled. If you are a real IP lawyer, or have a TV, or read this blog, you probably already know what Aereo…
The Death of Brick and Mortar
Brian WallaceIt’s good to be an “Internet lawyer” — at least if you have “Internet clients.” Thankfully, I do. Here’s why it’s so good, besides the obvious reasons (i.e., invitations to…
Norman Blagman Versus the Whole Digital Music Industry: Round 1 to Blagman.
Matthew David BrozikI can’t write a better introductory sentence than Judge Andrew Carter of the United States District Court for the Southern District of New York did to open his May 20,…
No safe harbor for this shark.
Generally, one doesn’t expect to find copyright decisions of note in state courts, but every so often one will crop up. One really doesn’t expect to find interesting decisions on…
“I don’t even own a TV”—Aereo (Part Two)
Familiarity of the reader with Part One is presumed. As I read the Second Circuit decision, I was pleased—for reasons I can’t quite, and won’t bother trying to, articulate—that the…
Aereo (Part One): Angry Like (a) Fox
So: Aereo, right? Kind of a big deal. You might want to read about it. Maybe we should write something about it. Let’s work backward, though: On April 8, News…
How Web Content Consumption Has Evolved
Ron ColemanFar be it from me to be a malcontent, but one problem we have around here is that the copyright and trademark statutes have changed very little to reflect the…
Best of 2011: What “beating Righthaven” means
First posted November 3, 2011. Instapundit links to Donald Douglas’s blog post, Beating Righthaven. Excerpt: Righthaven files “no warning” lawsuits. That is, it gives no advance notification to defendants, which…