‘Blurred Lines’ Verdict a ‘Dangerous’ Threat to Creativity, Musicians Warn Appeals Court

7 09 2016

A group of more than 200 prominent musicians are urging a federal appeals court to throw out the copyright infringement verdict against “Blurred Lines,” warning that the future of artistic creativity is at stake.

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The content in this post was found at http://blogs.wsj.com/law/2016/08/31/blurred-lines-verdict-a-dangerous-threat-to-creativity-celebrity-musicians-warn-appeals-court/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Court Tosses Lindsay Lohan’s Lawsuit Against ‘Grand Theft Auto V’ Makers

7 09 2016

A New York appeals court has thrown out a lawsuit by Lindsay Lohan that accused the makers of “Grand Theft Auto V” of exploiting the actress’s likeness in the hit video game.

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The content in this post was found at http://blogs.wsj.com/law/2016/09/01/court-tosses-lindsay-lohans-lawsuit-against-grand-theft-auto-v-makers/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Nintendo’s DMCA-backed quest against online fan games

7 09 2016
Online game distributor Game Jolt has removed over 500 fan games from its public pages after it says it received a DMCA request from Nintendo, highlighting a more-focused crackdown on such games from the 3DS and Wii U maker.

The DMCA request, which has been republished by Game Jolt in the name of transparency, focuses on fan games that use the characters, names, and locations of the Mario, Zelda, and Pokemon franchises.

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The content in this post was found at http://arstechnica.com/gaming/2016/09/nintendos-dmca-backed-quest-against-online-fangames/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Unfortunate Expansion of ‘Failure to Warn’ Exception to Section 230–Beckman v. Match

7 09 2016

You recall the Ninth Circuit’s Doe v. ModelMayhem (Doe #14 v. Internet Brands) ruling from earlier this year. It held that a website couldn’t invoke Section 230 against a claim that the site should have warned its users about potential risks of offline harm. Internet Brands requested another rehearing by the panel or a rehearing en banc, and the Ninth Circuit declined the request earlier this week. I’m not sure if the defense will now appeal to the U.S. Supreme Court or challenge the lawsuit on its (lack of) merits back in the district court.

Many experts still think that it’s almost impossible for plaintiffs to prove that websites owe a special duty to their users, in which case failure-to-warn claims will fail on prima facie elements. If that’s where we’re headed, Section 230 is an appropriate and more efficient way of achieving the same outcome (see Doe v. MySpace). There are a virtually infinite number of potential risks that a website could warn users about, and plaintiffs can always find *something* that wasn’t disclosed. Meanwhile, websites will feel more pressure to further lard up user agreements with progressively less meaningful disclosures on the chance they might dissuade future failure-to-warn cases. If you think online user agreements are already too long and filled with too many irrelevant disclosures, you ain’t seen nothing yet.

Some failure-to-warn cases are already in the court system, and the ModelMayhem ruling gave new life to those cases. Today’s ruling is one of those cases.

Case citation: Beckman v. Match.com, No. 13-16324 (9th Cir. Sept. 1, 2016)

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The content in this post was found at http://blog.ericgoldman.org/archives/2016/09/unfortunate-expansion-of-failure-to-warn-exception-to-section-230-beckman-v-match.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



How to Protect Intellectual Property in the Interviewing Process

7 09 2016

During the recruiting process and job interviews, open dialogues and an exchange of ideas take place between the job applicant and the company. However, when intellectual property is involved, both employers and applicants must walk a fine line between building trust versus over-disclosure. Here are some guidelines every prospective employee and employer should know about intellectual property and the interviewing process.

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The content in this post was found at http://www.ipwatchdog.com/2016/09/04/protect-intellectual-property-interviewing-process/id=72468/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.