Old and new media have struggled for more than a decade in the courts and in Congress for clarity as to how copyright and trademark law applies to new technology. Both sides have argued for bright lines to define what is (from the new media perspective) and is not (per old media) permitted. As illustrated by two recent cases, appellate courts have tended to erase such lines drawn by the district courts and to decline to define new ones. They have thereby ensured that the battle between old and new media will continue unabated.
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