February 2014

Mass Law Blog Update, Week Ending February 14, 2014

by Lee Gesmer on February 14, 2014

  • “The Future of Fair Use After Google Books.” Jonathan Band summarizes his debate with John Baumgarten over whether the district court’s decision in Google Books was rightly decided.  (link)
  • Terry Hart on Copyhype –  “Volitional Conduct: Primetime Anytime and TV Now”
  • Future of Music Coalition’s Casey Rae’s post, “What’s the Deal with ‘Pre-’72’ Copyrights?” (link)
  • Massive, 478 page report concludes that yes, Australian copyright law should include fair use exceptions. However, it is only a recommendation, not the law (link to 478 page pdf)
  • The Max Planck Institute for Intellectual Property and Competition Law has issued a 284 page report titled, “Copyright, Competition and Development.” The Report “analyzes the  practice  of  competition  law jurisdictions on copyright-related markets around the world.” (link to 284 page pdf)
  • “Russian-SOPA” used to shut down music site domain name (Torrent Freak post)
  • EU court holds that clickable link does not infringe copyright in the site to which users are redirected.
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We’ve been telling clients for decades that if you think you have trade secrets or confidential information, you need to protect them. Far and away the best way to ensure you’ve done that is to require anyone who receives access to the information to sign a non-disclosure agreement, an “NDA.”

In a Massachusetts state case reported on the front page of this week’s Massachusetts Lawyer Weekly, the plaintiff didn’t do that. In fact, it appears that the plaintiff, CRTR, Inc., did next to nothing to protect its allegedly confidential information from an independent contractor to whom it provided access, and then later sued for trade secret misappropriation.

To quote from the court decision:

[The first CRTR employee] states that she knew the customer lists were confidential, though no one had ever told her so, and [a second CRTR employee] states that on one occasion, she was told not to bring work out of the office.

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My Interview on the DMCA on URBusiness Network

by Lee Gesmer on February 11, 2014

A couple of weeks ago I returned to the offices of the URBusiness Network to discuss the Digital Millennium Copyright Act (DMCA). This was my second trip to the URBusiness Network, an online radio network with a wide range of business shows.

The subject of the first show, recorded last October, was web site liability for third party postings under the Communications Decency Act (CDA). However, the CDA does not protect web sites for user postings that violate copyright law, so copyright liability and the DMCA were the topics of the current show.

Once again it was a pleasure to be interviewed by Ruck Brutti, who was joined on this occasion by co-host Nathan Roman.

You can listen to the new show here.… Read the full article