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Derivative Work

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Patent Law

WIPIP Concurrent Session #3: Copyright Doctrine

43(B)log

FEBRUARY 3, 2023

Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know. But that’s supposedly not the law we have, and also brings in punitive damages constitutional jurisprudence. Works almost like a fair use defense. Where is de minimis used elsewhere?

43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. The counterclaim doesn’t use the language of inducement. Because of Google v.

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WIPIP Concurrent Session #3: Copyright Doctrine

WIPIP session 2: ™ Doctrine, © Fair Use

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