Twenty Years Later, DMCA More Broken Than Ever

With Section 512 of the DMCA, Congress sought to “preserve[] strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment.”[1] Given the symbiotic relationship between copyright owners and service providers, Congress meant to establish an online ecosystem where both would … Continue reading “Twenty Years Later, DMCA More Broken Than Ever”

How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It

Earlier this week, the Supreme Court handed down its decision in Fourth Estate v. Wall-Street.com, a case examining the registration precondition to filing a suit for copyright infringement in the federal district courts. While I agree with the Court’s exegesis of the statute at issue, it’s worth noting how the Court’s construction leaves many, if … Continue reading “How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It”

New “Invalidated” Documentary Highlights the Problems With the PTAB: Free Screening on October 26

By Devlin Hartline and Aditi Kulkarni* The “Invalidated” documentary will be screened this Friday, October 26, at 5:30 PM in Washington, D.C. To register for this free event, which features a presentation by Bunch O Balloons inventor Josh Malone among others, please click here. Imagine that you’re a father of eight children who puts everything … Continue reading “New “Invalidated” Documentary Highlights the Problems With the PTAB: Free Screening on October 26”

CPIP Scholars Ask Supreme Court to Resist Call to Restrict Venue Choices for Patent Owners

On March 8, 2017, CPIP Scholars Adam Mossoff, Devlin Hartline, Chris Holman, Sean O’Connor, Kristen Osenga, & Mark Schultz joined an amicus brief in TC Heartland v. Kraft Foods. CPIP Scholars worked with USD Law’s Ted Sichelman to organize, write, and file the brief. The case focuses on whether patent owners may sue corporate defendants … Continue reading “CPIP Scholars Ask Supreme Court to Resist Call to Restrict Venue Choices for Patent Owners”

Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees

By Andrew Baluch[1] & Devlin Hartline President Donald Trump will soon announce his nominee to fill the vacancy left at the Supreme Court by late Associate Justice Antonin Scalia. On September 23, 2016, the Trump campaign revealed that there are twenty-one candidates under consideration for the nomination. Below is a summary of the intellectual property … Continue reading “Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees”

FTC's PAE Study Makes Unsupported Recommendations

The FTC released its long-awaited study of so-called patent assertion entities, or PAEs, today. As many predicted, the FTC makes several broad recommendations for substantive and procedural reforms. The problem with this, however, is that the study was not designed to reveal the sort of data that could support such policy recommendations. The FTC itself … Continue reading “FTC's PAE Study Makes Unsupported Recommendations”

Criminal Copyright Infringement is Crime of "Moral Turpitude"

Cross-posted from the Law Theories blog. This past Friday, the Board of Immigration Appeals held that criminal copyright infringement constitutes a “crime involving moral turpitude” under immigration law. The Board reasoned that criminal copyright infringement is inherently immoral because it involves the willful theft of property and causes harm to both the copyright owner and … Continue reading “Criminal Copyright Infringement is Crime of "Moral Turpitude"”

Three Years Later, DMCA Still Just as Broken

By Matthew Barblan & Kevin Madigan In 2013, CPIP published a policy brief by Professor Bruce Boyden exposing the DMCA notice and takedown system as outdated and in need of reform. The Failure of the DMCA Notice and Takedown System explained that while Section 512 of the DMCA was intended as a way for copyright … Continue reading “Three Years Later, DMCA Still Just as Broken”

Copyright Policy Should Be Based On Facts, Not Rhetoric

Here’s a brief excerpt of a post by Kevin Madigan & Devlin Hartline that was published on IPWatchdog. After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their … Continue reading “Copyright Policy Should Be Based On Facts, Not Rhetoric”

No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful

Here’s a brief excerpt of an op-ed by Adam Mossoff & Devlin Hartline that was published in The Hill: Two recent op-eds published in The Hill argue that broad patent legislation—misleadingly labeled “reform”—is needed because the U.S. patent system is fundamentally broken. In the first, Timothy Lee contends that opponents “cannot with a straight face” … Continue reading “No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful”