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Twitter Can’t Quash a 512(h) Subpoena

Technology & Marketing Law Blog

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

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Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Technology & Marketing Law Blog

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

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Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

Patently-O

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump.

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2022 Internet Law Year-in-Review

Technology & Marketing Law Blog

It also puts users’ privacy and security (including minors’!) Musk bought Twitter, changing its competitive posture (more #MAGA, fewer journalists), decreasing its advertiser base, and otherwise causing Twitter’s implosion. at greater risk. 18, 2022 NetChoice LLC v.

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