Since 1 April 2018, the Portability Regulation has prohibited geo-blocking of online content within the European Union under certain requirements. The regulation guarantees the unrestricted…
Josef K. was minding his own business when one morning, even though he knew he had done nothing wrong, he was arrested. This was the beginning of his trial. In his masterpiece entitled The Trial,…
This article will be forthcoming in the March 2019 issue of Communications of the ACM, a computing professionals journal. The editors of Communications of the ACM have given permission for it to be…
Whilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain unchanged…
The Copyright Act’s registration requirement was a non-jurisdictional element of a copyright infringement claim; therefore, a lawsuit brought by online legal research provider Fastcase, Inc., against…
The creation of works by artificial intelligence systems (AIS) challenges our perception of creativity and, with it, of eligibility for copyright protection. Examples abound. AIS can…
The relation between freedom of expression and copyright in the EU is one of imprecision and uncertainty. In Funke Medien (Case C-469/17) the German Federal Supreme Court (BGH) asks whether…
On remand in a dispute between three academic publishers and Georgia State University about the university’s practice of distributing to students digital excerpts of copyrighted works without paying…
The U.S. Court of Appeals in San Francisco has vacated in part a district court’s judgment after a jury trial in favor of the defendants and remanded for a new trial in a copyright infringement suit…
The right of distribution is the least controversial of the three exclusive rights contained in the Information Society Directive (InfoSoc Directive). Yet, every now and then the Court of…