Fair Use Does Not Mean Your Use Is Fair: 3 Reasons Why the #Oracle/Google Litigation Matters to Your Business

There’s no way around it – virtually every business today uses some form of software in providing its goods and services to its customers. From software-as-a-service solutions to custom-developed code, software has become an indispensable business need, especially as customer solutions expand to the mobile application space.   Without question, software impacts your business and its […]

Skin in the Game: Copyrights, Tattoos and Another Hangover

Many an American has endured the pain of waking up the morning after a night of epic drinking – usually of the collegiate variety – only to discover that their throbbing in the head is not the only painful remnant of their hedonistic excess. Only in Hollywood, however, can this type of situation be elevated to fine art.In The Hangover, Part II, Stu (anchored by Ed Helms of television’s The Office fame) apparently awakens from his slumber to discover he has a tattoo on his face – not just any tattoo, but a tribal tattoo identical to one that adorns the face of Mike Tyson, the former heavyweight boxing champion (who also appeared in the original movie, The Hangover). Story arcs aside, the use of the tattoo on the character Stu in the sequel has stirred up a hornets nest of controversy that goes to the heart of copyright rights and fair use.

Beyond VeRO: Using eBay’s Tools and Policies to a Rights Owner’s Advantage

Few would argue that the Internet has facilitated game-changing means and avenues for advertising, promotion and distribution of merchandise to the consumer.   Fewer still would argue that the electronic marketplace hasn’t been a boon for the attendant distribution of counterfeit and gray-market goods.   For eBay, the online auction giant, this problem has forced it to […]

Scraping Under the Surface of the Flipboard: Part II

As we left Part I of this post, I was discussing exclusive rights in copyrightable content, and asking why content owners should have the onus to “opt out” of web bots and content scrapers accessing, indexing and/or otherwise caching their content (as applicable), rather than placing the burden on those seeking to use/re-purpose content to […]