Blocking injunctions against internet service providers (ISPs) remain one of the most interesting and litigated issues of contemporary copyright law. Though the concept of blocking injunctions per…
In addition to the low likelihood of success on the merits, the threat of imminent harm was eliminated, given that the Christmas show that Enchant sought to stop had already come and gone.
The denial…
Register’s opinion needed to determine validity of textile designer’s "single-unit registration" for 31 separate designs that were not released at the same time.
In a case in which textile designer…
Copyright is an engine for knowledge. Although copyright creates monopolies, it should not be considered as a good in itself, but as a tool which can be used to achieve societally desirable…
ORF/Facebook - First follow up ruling after CJEU C18/18 – Glawischnig/Facebook
First, a little bit of history. Back in 2016, a Facebook post containing an article with a photograph of the former…
Artificial intelligence (AI) is increasingly pervading our lives. AI-based face recognition technology has been employed in surveillance and policing. In medicine, AI is already diagnosing various…
There are not many surprises in the just released Copyright Office Section 512 Study. On virtually every issue about which the copyright industry had complained for the last two decades regarding…
Like the very similar Patent Remedy Act previously invalidated by the Court, the Copyright Remedy Clarification Act failed to abrogate States’ sovereign immunity.
Congress lacked the authority to…
Yesterday the German Federal Supreme Court (Bundesgerichtshof) published its rulings on three long-standing copyright disputes involving fundamental rights. All three cases had been the subject of…
