The “Copyright Deadlock:” ContentID, Fair Use, and Derivative Works on YouTube

Posted by Cyberbear on April 25, 2017 in Copyright Law, Social Media |

Posted By: Emily Weiss Jim Sterling has a thriving YouTube channel. His videos include reviews of video games, along with longer video essays on the state of the games industry. Unlike a lot of other YouTubers, Jim refuses to monetize his videos, and instead supports himself through his Patreon page. But this doesn’t always prevent […]

The Collective Yar: Fallacies and Failure of Digital Copyrights in an All-Access Culture

Posted by Cyberbear on April 25, 2017 in Copyright Law, Intellectual Property, Internet |

Posted By: Drew Weigel The notion that copyright, in part or in whole, might be an inadequate theory of property for digital media is not new. Some have responsibly argued that the statutory distinction between performance and distribution falls apart when applied to digital media, creating a false and unnecessary distinction between interactive and non-interactive […]

Does Internet Fan Fiction Violate Copyright Law or is Fan Fiction Protected by Fair Use?

Posted by Cyberbear on April 25, 2017 in Copyright Law, Intellectual Property |

Posted By: Julia Ketchum   Have you ever read a book or watched a movie and thought maybe it should have ended differently? Or have you wanted to see a copyrighted character interact in a new situation outside the normal tale? For fan fiction writers, using copyrighted characters and copyrighted settings to make a new […]

Computer Software: The Transfer of Licenses Sale of Back-up Copies in the European Economic Area

Posted by Cyberbear on April 25, 2017 in Computer Software, Copyright Law, Intellectual Property |

Posted By: Timothy T. Emmart The European Court of Justice (ECJ) recently held that it is an infringement of copyright to sell or transfer a physical back-up copy of a software program, when the original physical copy has been damaged, lost or destroyed. This ruling came after another ruling by the same court that created […]

Justifying Video Game Piracy – The Out-of-Print Defense

Posted by Cyberbear on April 9, 2017 in Uncategorized |

Posted By: Ryan Rempp   The video game emulator community argues that it is okay to download a video game if it is not in production and no longer in the primary market. Does that argument hold water, legally speaking?

Yelp – The New Teflon Dons?

Posted by Cyberbear on April 9, 2017 in Internet, Trademark |

Posted By: Stephen Timmer “Yelp Defeats Legal Challenge to its User Review Filter.” It is a headline that we have all become accustomed to seeing; the scales of justice tipping in the favor of the 800-lb. gorilla of review sites. As a refresher, Yelp is one of the most recognized review sites on the Internet. […]

The CDA – A Bulletproof Vest for Internet Service Providers?

Posted by Cyberbear on April 9, 2017 in CDA, Internet, Judicial Decisions |

Posted By: Stephen Timmer Super Mario’s Pizzeria is celebrating two years in business! His business is in highly competitive area surrounded by other, established pizza places like Luigi’s Lovely Pizza Pies. Mario prides himself on customer satisfaction, whether patrons dine in or if they order take out through his mobile phone app (powered, ironically, by […]

Can You Keep a Secret: Defending Trade Secrets in the Digital Age

Posted by Cyberbear on April 9, 2017 in Trade Secrets |

Posted By: Stephen Timmer   Aha! You are a computer and software salesperson that has finally found the angle necessary to break through and win the business of the fastest and steadily growing law firm in the country. You are sitting in a coffee shop with free and unsecured wi-fi when this epiphany comes to you; […]

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