topics section-301 
Patently-O
AUGUST 30, 2022
Google removed the case to Federal Court and then sought dismissal of the case–arguing that all claims asserted in the case are preempted by Section 301(a) of the Copyright Act. (a) The case ties in directly to lots of academic work on the topic. 17 U.S.C. § The district court found the claims preempted. Petition for Cert.
Technology & Marketing Law Blog
JULY 18, 2023
Specifically, those who allegedly breached contracts over information goods can (and often do) argue that the contract is expressly preempted by section 301(a) of the Copyright Act. That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. ML Genius v.
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SpicyIP
AUGUST 15, 2021
Topical Highlight. Another factor that inhibits the government from using these levers is the fear of facing backlash from the Global North, especially the USTR’s 301 process. Ensuring Access to TB drugs: Is Compulsory License the Way?
Technology & Marketing Law Blog
JUNE 22, 2023
Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. c) This section does not prohibit a covered platform from, and does not impose liability on a covered platform for, enforcing its terms of service against an eligible journalism provider. The CJPA is none of that.
Technology & Marketing Law Blog
AUGUST 30, 2021
Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. Background.
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