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Packingham and the Public Forum Doctrine: Implications for Copyright

June 22, 2017 Copyright Reform , DMCA , Free Speech , Notice and Takedown , Supreme Court

The Supreme Court’s recent decision in Packingham v. North Carolina struck down, as unconstitutional under the First Amendment, a state law making it a felony for registered sex offenders to access social media websites. The decision has wide-ranging potential implications for technology law, especially on matters of rights to access the internet, which are particularly important for marginalized and disenfranchised voices in our society. Below, Harold Feld reviews the Packingham decision and explores its implications for one area of law: the Digital Millennium Copyright Act’s provisions regarding termination of Internet access for accused copyright infringers. This post was originally posted on Harold’s personal blog, “Tales of the Sausage Factory,” on wetmachine.com.

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Apple v. Samsung Before the Supreme Court: Fair Payment and Consequences to Innovation

June 10, 2016 Apple v. Samsung , Litigation , Patent Reform , Patents , Supreme Court

Imagine a tire on a fancy Tesla, a highly technical, complex car made from myriad technological contributions and likely subject to thousands of patents. Many of those patents cover the technologies that make the car run, while others, design patents, cover only the ornamental designs. Generally, a tire’s tread pattern is several straight lines that cross each other – and could be covered by a design patent. The tire itself is a small part of the final car, and the role the tread plays in the car’s value is minimal.

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Podcast

PK In The Know Podcast: Cosplay Goes to the Supreme Court

February 8, 2016 Copyright , Copyright Reform , Fashion Copyright , Litigation , Supreme Court

PK In The Know Podcast: Cosplay Goes to the Supreme Court

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The Supreme Court Case That Could Shut Down All Your Technology

February 25, 2015 Copyright Reform , Patent Reform , Supreme Court

I don’t know about you, but I really love my computer. It stores all of my documents. It connects me to the world through the Internet. It reminds me about my appointments. It plays games and music. It does a million things at once, and barely ever complains, even when I toss it around on my couch or shove it into my messenger bag.

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