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  • The Weblog Archive May 2009

    Psystar II?

    Despite Psystar's recent demise, a new company has decided to enter the Mac cloning business with a brick and mortar store.

    EFF: Copyright Curriculum :: Safe Driving: ?

    The EFF has launched a curriculum to counter what it believes is RIAA propaganda.  A copy of that curriculum is here.

    Harvard Professor Can Make Pigs Fly

    If Professor Nesson can pull this off, then truly anything is possible.  Success is especially unlikely given that he appears to have waived privilege surrounding communications between himself and other copyright professors who would not opine that peer to peer downloading is fair use. A critique of the substance of their position is here.

    Copyright Office in the News

    on something many practitioners probably know: that it takes a LONG time for applications to be processed.  Query whether this news becoming generally known will influence the development of the law more generally, given the current split in authority over the language of section 411.  Some courts have held that a plaintiff can invoke federal jurisdiction only after the Copyright Office either issues the registration or declines to do so. (From a practical standpoint, that would mean that a preliminary injunction could not issue for a year and a half.). Other courts have held that only proof of the filing of a registration application is needed.  

    3 Strikes and Adieu

    France has passed a law that permits a state agency to terminate internet access if a person has been caught with illegal downloads three times.  

    Rip Mix Burned?

    Citing copyright concerns, Apple declines to offer BitTorrent app for the iphone.

    Open Records Not What They Used to Be

    From the Department of Unintended Consequences

    Florida legislature inadvertently makes credit reports public records.

    Wow, What a Layoff

    There have been a lot of interesting developments in the past several months, and we  have thought to update the blog more frequently.  Recently, the firm filed an amicus in support of a petition for certiorari in a commercial speech case.  That brief is here.  

    In another completely unrelated but extremely interesting development, NCAA players have sued EA Sports and related entities for unauthorized use of their likenesses.  This is a huge issue for a variety of NCAA sports-related video games.

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