Section 204
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Not What Copyright Is For
I previously wrote about a puzzling case, Small Justice LLC v. Xcentric Ventures L.L.C., with the defendant better know as Ripoff Report. The First Circuit has now grappled with it, although based on a revised district court opinion amended with a highly consequential footnote. To distill it down as much as possible, a lawyer, Goren,… Continue reading
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The 2d Circuit Is Part Way There on Eden Toys
I have long complained about a defense that comes up in copyright cases, originating with the Second Circuit’s Eden Toys, Inc. v. Florelee Undergarment Co. Eden Toys involved a challenge to standing based on the timing of of an exclusive license. The case has heavily-quoted language about the challenge: In this case, in which the… Continue reading
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Assent Versus Signature
I asked whether the below “Submit” page, used when one posts a review on Rip-Off Report (owned by defendant Xcentric), transferred an exclusive license in the submitter’s copyright: If you were to use the scrollbar on the right, you would find this grant: “By posting information or content to any public area of www.RipoffReport.com, you… Continue reading
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