Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests

The U.S. Copyright Office is conducting a study of the safe harbors under Section 512 of the DMCA, and comments are due today. Working with Victor Morales and Danielle Ely from Mason Law’s Arts & Entertainment Advocacy Clinic, we drafted and submitted comments on behalf of several copyright law scholars. In our Section 512 comments, … Continue reading “Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests”

Changes to Patent Venue Rules Risk Collateral Damage to Innovators

Advocates for changing the patent venue rules, which dictate where patent owners can sue alleged infringers, have been arguing that their remedy will cure the supposed disease of abusive “trolls” filing suit after suit in the Eastern District of Texas. This is certainly true, but it’s only true in the sense that cyanide cures the … Continue reading “Changes to Patent Venue Rules Risk Collateral Damage to Innovators”

Attacking the Notice-and-Staydown Straw Man

Ever since the U.S. Copyright Office announced its study of the DMCA last December, the notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown have turned up the volume, repeating the same vague assertions about freedom, censorship, innovation, and creativity that routinely pop up whenever someone proposes practical solutions to curb online infringement. … Continue reading “Attacking the Notice-and-Staydown Straw Man”

Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense

Producer Richard Gladstein knows all about piracy. As he recently wrote for The Hollywood Reporter, his latest film, The Hateful Eight, was “viewed illegally in excess of 1.3 million times since its initial theatrical release on Christmas Day.” Gladstein is not shy about pointing fingers and naming names. He pins the blame, in no small … Continue reading “Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense”

Google’s Patent Starter Program: What it Really Means for Startups

The following guest post comes from Brad Sheafe, Chief Intellectual Property Officer at Dominion Harbor Group, LLC. By Brad Sheafe Recalling its rags-to-riches story of two guys with nothing but a great idea, a garage, and a hope of making the world a better place, Google recently announced its new Patent Starter Program. As part … Continue reading “Google’s Patent Starter Program: What it Really Means for Startups”

A Brief History of Software Patents (and Why They’re Valid)

Today, there is significant public debate over patents on the digital processes and machines that comprise computer software programs. These are often referred to as “software patents,” but this is an odd moniker. Aside from the similarly mislabeled debate over “DNA patents,” nowhere else in the patent system do we refer to patents on machines … Continue reading “A Brief History of Software Patents (and Why They’re Valid)”