Off the Bus in NYT

The ultimate MSM outlet, the New York Times, took a look today at Off the Bus, a still-new venture supported by the Huffington Post that is trying to harness the unruly but potentially powerful forces of crowdsourced reporting to cover the 2008 election campaign. Among their many advantages, they have Berkman alum Amanda Michel on […]

Avis Contests Law Blogger’s Fair Use of Logo

Last month, law blogger Eric Turkewitz of the New York Personal Injury Law Blog published this post about a judicial decision overturning a federal statute that’s relevant to liability of rental car companies. He illustrated the post with the logos of Avis and Hertz. The other day, as Turkewitz explains here, he received the following […]

Fox News v. McCain on Fair Use

The Fox News Channel has sent a cease-and-desist letter to John McCain’s presidential campaign demanding that he stop airing a new commercial because it uses footage from a recent Republican candidates’ debate sponsored by Fox News. (You can view the ad, entitled “Tied Up,” on McCain’s site here). The Fox News logo is visible in […]

Book Review: The Nine

I just finished Jeffrey Toobin’s popular new book, The Nine: Inside the Secret World of the Supreme Court. Overall I’d give it a positive review. Toobin has some interesting insights into the Big Picture of the successes and failures of conservatives under the Rehnquist Court (and the beginning of the Roberts Court), lots of gossip […]

2d Circuit Hears Argument in Cablevision

In 20th Century Fox Film Corp. v. Cablevision Systems Corp., 478 F. Supp. 2d 607 (S.D.N.Y. 2007), a federal district court permanently enjoined Cablevision from offering its customers a “remote storage DVR” (RS-DVR) service (like a TiVo, except that the hard drive where the content is stored is located at the cable company’s office, not […]

Daily Show Archives Online

I wrote recently about the business-based decision of the New York Times to reverse course and tear down the paywall that had surrounded its archived content; old Times articles have gone online, searchable and free. Now a similar decision comes from another news source arguably as important to a certain audience: The Daily Show. Viacom, […]

What Gets Created Under a “Tolerated Use” Regime?

I’ve been meaning to say a few words about Tim Wu‘s copyright law essay over at Slate, “Tolerated Use: The Copyright Problem.” It’s typically witty Wu, illuminating current controversies in copyright in a short essay peppered with Harry Potter and other pop-culture references. And I’m fully on board with the notion that anything that educates […]

Amazon’s On-Again, Off-Again “One-Click” Patent Off Again

nbsp;‘s controversial patent for “one-click shopping” has failed the latest test in its ongoing reexamination proceeding. Responding to the BPAI’s request for a more definite statement of reasons for rejecting the patent, a USPTO examiner last week issued a new order rejecting the patent for want of novelty. You can read more here, here, and […]

The “Trademark Use” Debate

Sometimes when legal academics debate each other about some area of theory or doctrine, it doesn’t have much impact on judges and regular lawyers. The current debate about the “trademark use” requirement is not like that. Anyone concerned about free speech and trademark law, or about keyword advertising and related uses of trademarks online, needs […]

Crowdsourcing and Open Access

I gave a short talk earlier today to my colleagues about the open access movement in legal scholarship, about which the three of us here at Info/Law have blogged from time to time (check out our open access tag for more). I used the occasion to go public with my own minor contribution to improving […]