By Scott Graham | May 14, 2021
The Andy Warhol Foundation is demanding a rehearing of a recent fair-use decision, on the ground that the Supreme Court's "Google" decision changed the game. Photographer Lynn Goldsmith responded Thursday that "Google" is a fact-bound decision about functional computer code that made no changes to Supreme Court precedent.
By Scott Graham | April 5, 2021
The Supreme Court's first fair use decision in more than a decade helps to clarify several enduring copyright questions regarding software use, experts say.
By Scott Graham | April 5, 2021
The Supreme Court justices rule 6-2 that Google used only the amount of Oracle code necessary to transform Java into "a highly creative and innovative tool for a smartphone environment."
By Scott Graham | January 12, 2021
The company has forfeited the chance to prove it's wrongly paying an extra $220 million for contributory copyright infringement. Judge Liam O'Grady backtracked from a previous order that said determining duplicate recordings and compositions would be a ministerial act.
By Scott Graham | December 23, 2020
Tucked into the coronavirus relief package, the measure will create powerful and inexpensive tools for clearing fraudulent marks from the PTO register, says Haynes and Boone partner Joseph Matal.
By Scott Graham | December 11, 2020
Asked at a conference about upcoming trials in January, the Western District of Texas judge says "we are going to take even additional steps to make things safe over what we did before."
By Scott Graham | December 7, 2020
A Federal Circuit panel sounded as if it disagreed with U.S. District Judge George Wu about the eligibility of patents BlackBerry is asserting against the social network and against Snap. But BlackBerry will still have to overcome PTO invalidity rulings to fully restart its case.
National Law Journal | Commentary
By Steven Tepp | November 17, 2020
Google asks the Supreme Court to walk away from the Founding Fathers' wisdom, congressional intent and the court's own precedent to excuse free-riding on Oracle's copyrighted work to build a massive commercial enterprise.
By Scott Graham | October 7, 2020
Awkward analogies and a shift in emphasis from Google complicate arguments in an already complex case.
By Scott Graham | October 7, 2020
The justices seem all over the map on software copyrightability, but three of them clearly questioned the appellate court's failure to respect jury findings in favor of Google on fair use.
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