Artists’ Rights and Theft Prevention Act–New Criminal Copyright Infringement Standards

As part of the Family Entertainment and Copyright Act, Congress enacted the “Artists’ Rights and Theft Prevention Act of 2005” or the “ART Act.” The ART Act adds two new major criminal standards: (1) using a camcorder to record a…

NPR on Whois and Privacy

Larry Abramson of NPR ran a story entitled “New Laws on Domain Names Aim to Stem Online Fraud” (specifically referring to the Fraudulent Online Identity Sanctions Act, passed as part of the Intellectual Property Protection in Courts Administration Act). My…

Grokster Oral Arguments

If you haven’t seen it elsewhere, the transcript from the oral arguments in Grokster.

Copyright Office Posts Comments Regarding Orphan Works

The Copyright Office has posted the comments it received regarding orphan works—a total of 716 comments! It will take a while for the copyright office to work through these. A number of the submissions are brief, in some cases just…

Webloyalty.com, Inc. v. Consumer Innovations LLC

Webloyalty.com, Inc. v. Consumer Innovations LLC, 73 U.S.P.Q. 2d 1898 (D. Del. Jan. 13, 2005). The parties compete in the online club membership business, selling packages of services that combine price discounts, insurance-esque protections and other low-value services that consumers…

AFP v. Google News Update

AP story recapping AFP v. Google, quoting Zittrain and von Lohmann (among others). Contrary to some popular press reports, it appears that AFP is pressing on with the lawsuit despite Google’s redoubled efforts to kick them out of Google News….

Initial Assessment of AFP v. Google

Lots of buzz about AFP’s lawsuit against Google for displaying AFP’s headlines and photos in Google News. Personally, I think Google News is great, and I use it often. However, we can’t let our love for Google blind us to…

Microsoft v. Zamos (and Zamos v. Microsoft)

Amusing story in the Register about David Zamos, a Kent State chemistry student, who bought a discounted educational version of Microsoft Windows XP Pro and Office XP Pro at the school bookstore. He decided he didn’t want it, tried to…

Copy of Marvel v. NCSoft Ruling

CE Petit has posted a copy of the court’s March 9 opinion in Marvel Enterprises v. NCSoft Corporation (CV 04-9253-RGK). The opinion is rather unremarkable—mostly it deals with motions to dismiss, so the standard for upholding the pleadings is pretty…

Ruling in Marvel v. NCSoft

NCSoft has won some favorable rulings in its lawsuit with Marvel. Marvel sued NCSoft because users could use NCSoft’s software in its City of Heroes MMORPG to generate characters that looked like Marvel characters. From the news/press reports, it appears…