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Fair Use vs. Copyright Infringement: A Software “Digital Rights” War in the Eleventh Circuit
Tech giants, such as Microsoft, Google, and Apple, have dominated the software industry.[1] Notably, Apple is a leading developer of heavily secured software for cellphones and computers.[2] For many years Apple’s iOS software has had the reputation of being a hard...
In Piracy v. Free Speech Slugfest, Activists Ask Copyright Office to Protect Creatives’ Right to Produce
Amidst a glut of self-produced videos, self-placed advertisements, and an ever-expanding aspiration to become ‘Insta-famous’, the battle between entertainment companies and budding entrepreneurs regarding content housed on social-media platforms is renewed. In recent...
Other Companies Do What Nintendon’t: Nintendo’s Ongoing Struggles with Unauthorized Use of Its Music
Nintendo is a multinational electronic entertainment company that generated a net income of approximately $4.4 billion in the 2021 fiscal year.[1] It is well-known for selling some of the most popular video game consoles of all time and for selling millions of units...
NFTs: The Cryptic Future of Copyright Law in the New Digital Economy
For many, cryptocurrency is a vague concept that merely crowds their social media feeds with promises of endless opportunities to get rich quick in a new and booming market. NFTs, or non-fungible tokens, are the latest in this sweeping trend, seen as a burgeoning part...
Going, Going, Gone: Dr. Seuss Settles Mashup Case
Young children and young-at-heart graduates alike are familiar with Oh, the Places You’ll Go! by Dr. Seuss. Every year, particularly in May, this book proves popular once again—“[n]o other book enjoys such iconic status as a go-to gift.”[1] Recognizing this lucrative...
The Public Performance Right of Musicians for Over-the-Air Broadcasts of Music: Congress, It’s Time to Act
Imagine spending several months engaging in extensive rehearsal, perfecting your craft, and memorizing lyrics to perform a new song given to you by a songwriter. The song is eventually played on all major radio platforms, becomes a number one hit, and you and the...
BEWARE COMPLAINANTS: REVERSE DOMAIN NAME HIJACKING MIGHT BE AROUND THE CORNER
Domain name registrants and trademark holders are increasingly using the Uniform Domain Name Dispute Resolution Policy (“UDRP”) complaint, administered by the World Intellectual Property Organization (“WIPO”), to enjoin another domain name that is (a) confusingly...
A Broken Engagement: Second Circuit Vacates Tiffany’s win over Costco in Engagement Ring Row
Whether you can afford their jewels or not, you probably know the names of a few designer jewelry brands. Top brands evoke images of luxury diamonds the size of small boulders with price tags to match. Therefore, it may seem odd to encounter one of these brand names...
Not Sorry: Despite Fair Use Ruling for Leaked Song, Minaj Settles to Avoid More Litigation
If the rumors are true, singer-songwriter Tracy Chapman is on a “do not sample” list, an unofficial warning to fellow musicians not to mess with her copyrighted works.[1. Eriq Gardner, Tracy Chapman Wins $450K in Copyright Suit against Nicki Minaj, Billboard (Jan. 8,...
The Final Showdown: The Current Status of Google v. Oracle
For many, 2020 brought more surprises and tumultuous moments than they could have imagined. For the copyright world and the software industry, however, the thought of 2021 may be even more nerve-racking. Oracle v. Google (now titled Google v. Oracle), arguably the...