Sun.Jun 06, 2021

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Censorship in the ALI Restatement of Copyright Project?

The Illusion of More

Justice O’Connor, in Harper & Row v. Nation Enterprises (1985), called copyright “the engine of free expression.” This was not a novel idea. The Justice was merely summarizing a well-established relationship between an author’s copyrights and the freedom to express herself as she wishes. Freedom in artistic expression requires that the author have a degree […].

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Caution! Technical Documents Concerning Efforts to Design Around a Patent Are Discoverable — Even When Done at the Direction of Counsel

IP Tech Blog

A recent order from a patent infringement lawsuit in the Northern District of Illinois serves as a good reminder that factual information about attempts to design around a patent are generally discoverable. This case also distinguishes discoverable factual information from privileged opinion and mental impressions of design-around efforts. In addition, the order suggests “exceptional circumstances” that could be established to “obtain facts or opinions” of design-around efforts from a non-testif

Designs 52
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Computer and Internet Weekly Updates for 2021-06-05

Barry Sookman

Computer and Internet Weekly Updates for 2021-05-29 [link] 2021-05-30. Privacy Commissioners Comment on Vaccine Passports | McCarthy Tétrault [link] 2021-05-31. No (Actual) Injury, No Problem: Second Circuit Recognizes an “Increased-Risk” Theory of Standing for Plaintiffs in… [link] 2021-05-31. Overlooked Patent Cases: Preclusion’s Effect On Settlement – Lexology [link] 2021-05-31.