[This post was updated in September 2019: “Contract, Combination or Conspiracy” – Can Peloton’s Lawsuit Survive the Music Publishers’ Motion to Dismiss?] Can a trade association negotiate sales or licenses on behalf of its members? Can...
You may recall the brouhaha that arose last year when a Massachusetts state district court judge vacated a prior state court conviction in order to mitigate the impact that the conviction would have on the defendant under the federal...
“The absolute transformation of everything that we ever thought about music will take place within 10 years, and nothing is going to be able to stop it. I see absolutely no point in pretending that it's not going to happen. I'm fully...
Analogies, it is true, decide nothing, but they can make one feel more at home – Sigmund Freud One good analogy is worth three hours discussion – Dudley Field Malone Oracle v. Google, now before the Supreme Court, is a complicated case in...
This is a brief follow-up to my earlier post, Copyright Infringement? Peloton Punches Back With Antitrust. Under Section 1 of the Sherman Act a “contact, combination or conspiracy” in restraint of trade is illegal. However, the Sherman...
CAFC Chief Judge Paul Michel doesn't pull punches when he states his views on problems with the U.S. patent system and the federal courts more generally, and he didn't pull too many when he announced his upcoming retirement from the CAFC...