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Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally).
Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. But normative judgments aside, ProCD v.
Or even if you haven’t, it might just be technically difficult to get the files in order to insert them somewhere else. So, if what you’re doing by having this file on the server is not only sharing your copy but making an additional copy, that implicates the reproduction right, which is not subject to the first sale doctrine.
We’re still working through the first wave of litigation testing Congress’ poor handiwork. US (Guest Blog Post) * Indianapolis Police Have Been “Blinded Lately Because They Shut Backpage Down” * Constitutional Challenge Against FOSTA Filed–Woodhull v. Last October , in Doe v.
16] As a general rule, CIDs are confidential and not publicly disclosed by the FTC during the investigation period unless the recipient voluntarily discloses the existence of the investigation or files a petition to quash. If disagreements remain, companies have the option of filing a petition to quash within 20 days after receipt of the CID.
It’s my position that Section 230 equally applies to non-US plaintiffs and defendants if they are litigating in US courts. (If If they are suing internationally, then the SPEECH Act may restrict plaintiffs’ ability to import judgments to the US that would have conflicted with Section 230 if litigated in the US).
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