In his latest column for Publishers Weekly, Professor James Grimmelmann examines the Capitol Records v. ReDigi decision.
My latest article, “Future Conduct and the Limits of Class-Action Settlements,” has just been published in the North Carolina Law Review. I’ve been working on this one for a long time—two and a half years—and have been struggling with the ideas for even longer—nearly five. I’ve kept it under wraps until now because I wanted to be sure I had the details right.
My latest essay for Ars Technica, “Why Johnny Can’t Stream: How Online Copyright Went Insane” is now online. From my perspective, it’s an attempt to tie together my blogging on cases like Aereo, Zediva, and ReDigi and to illustrate what they have in common. From a legal perspective, it’s the story of how the public performance right has gradually made less and less sense over the last few years.
I would like to do something perverse with the Supreme Court’s decision in United States v. Jones: focus on what the court actually held. Scholarly attention has focused on Justice Sotomayor’s concurrence and Justice Alito’s opinion concurring in the judgment, and their apparent willingness to embrace a mosaic theory of sustained observation, and to rethink the third-party doctrine. But in its own way, Justice Scalia’s majority opinion raises just as many deep questions as the concurrences do.
Professor James Grimmelmann, New York Law School, examines a current copyright infringement case between the silent magician Teller and a Dutch magician. Professor Grimmelmann examines the complaint in the case as well as the registration of the specific magic trick in order to determine what the “work” protected by copyright is, and whether Teller’s registration can support anything beyond the four corners of the stage directions.
Professor James Grimmelmann, New York Law School, examines Aereo’s plans to capture over-the-air TV signals and stream them to customers in the New York area against the U.S. copyright laws.
The Department of Justice would like the authority to put millions of American parents in prison. Don’t believe me? Read on.
Jonathan Zittrain and I had a Twitter exchange last week that I think is extremely illuminating on the brilliance — and the limits — of his book “The Future of the Internet—And How to Stop It”.
Professor James Grimmelmann, New York Law School, takes a look at the torrent of news stories about the IP wars in the smartphone industry in order to see if there is an underlying logic to these legal disputes.
The Google Books settlement, a book collector whose audacious plan to remake copyright law was ultimately for naught, died today. It was caught in the blast from a recent court decision, and received fatal injuries. Professor James Grimmelmann, New York Law School, explores the results of this latest and apparently final leg of the Google Book Settlement journey.