Posts in Copyright Litigation


Google’s Fair Use Shell Game

Google has admitted it copied over 11,000 lines of Oracle’s creative Java code to build its Android smartphone platform, that it makes commercial use of the code …
By Steven Tepp
2 days ago 2

Ninth Circuit Holds that Jersey Boys Did Not Infringe ‘Protected Expressive Elements’ of Autobiographical Book

Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a decision on appeal from the U.S. District Court for the District of …
By Rebecca Tapscott
11 days ago 0

Google: An Oracle of Wisdom in its Fascinating Submission to the European Commission

On June 2, the European Commission launched a far-reaching consultation as part of its examination of a forthcoming Digital Services Act (DSA), aimed at identifying areas where new …
By Neil Turkewitz
19 days ago 1

‘Merger’ and Acquisition: Google’s Copyright Contortion to Excuse Copying

The Supreme Court is set to hear oral argument on October 7 from Oracle and Google in their long-running Java intellectual property case. The questions raised in Google …
By Steven Tepp
26 days ago 2

Eighth Circuit Affirms Holding That Disclosure of Source Code Was Authorized Under the Parties’ Agreement

On August 14, the United States Court of Appeals for the Eighth Circuit affirmed in part and vacated in part a district court decision in MPAY Inc. v. …
By Rebecca Tapscott
1 month ago 0

Will the Supreme Court Provide the Fair Use Clarity that IP Law Needs?

On July 30, IP Watchdog Editor-in-Chief Eileen McDermott reported that, as part of its series on a 1990s copyright modernization bill known as the Digital Millennium Copyright Act, …
By Terry Campo
1 month ago 0

Ninth Circuit Affirms Dismissal of Copyright Infringement Claim Against Disney’s Inside Out Movie

On August 3, the United States Court of Appeals for the Ninth Circuit, in Masterson v. Walt Disney Company, affirmed a district court’s dismissal of Carla Masterson’…
By Rebecca Tapscott
1 month ago 0

Google v. Oracle Perspective: Google’s Android ‘Cheat Code’ was to Copy Oracle’s Code

In two months, the Supreme Court will hear the oral argument in the long-running Google v. Oracle software copyright case. At issue is the availability of copyright …
By Steven Tepp
2 months ago 18

Request for Amici: Tell SCOTUS to Incentivize Original Fictional Characters through Copyright

Some fictional characters are heroes; others are villains. Some mimic reality and others personify fantasy. And some appear in comic books and video games, while others in …
By Patrick Arenz
2 months ago 1

Second Circuit Affirms Welsh Government Advertising Activity Triggered Exception to Sovereign Immunity

On June 8, the U.S. Court of Appeals for the Second Circuit, in Pablo Star Ltd. V, Welsh Gov’t, affirmed a decision of the U.S. …
By Rebecca Tapscott
4 months ago 2

Second Circuit Joins Ninth Circuit Approach to Assessing Individual Copyright Claims in Group Registrations

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision in Sohm v. Scholastic in which the appellate court reversed in part …
By Steve Brachmann
4 months ago 0

Copyright Lawyers on SCOTUS Decision in Georgia v. Public.Resource.Org: Expected, But Possibly Problematic

On Monday, the U.S. Supreme Court ruled in Georgia et al. v. Public.Resource.Org., Inc. that a state code revision commission cannot claim copyright protection …
By Eileen McDermott
5 months ago 6

Supreme Court Says State Code Revision Commissions Are Not Authors for Copyright Purposes

Yesterday, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Eleventh Circuit’s decision that a state code revision commission cannot claim …
By Alexis Campbell
5 months ago 0

A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck

Earlier this week, the Supreme Court handed down its ruling in Allen v. Cooper, which relates to photos and videos of the sunken remains of the Queen …
By Yitzchak Besser
6 months ago 3

Supreme Court Says State of North Carolina is No Copyright Pirate in Blackbeard Ruling

Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) …
By Kristin Lamb
6 months ago 3