Sunday, October 25, 2020

How The Cookie Crumbles

Regrettably, this is not about an end to data-collecting "cookies".  It's about intellectual property esoterica. 

For Fenwick and West LLP , legal blogger David L. Hayes Esquire  has complied the most comprehensive and fascinating summary of the most newsworthy and influential copyright lawsuits in recent times.


Here is the link to the .pdf, all 1020 pages of it.

It's an absolute treasure trove if you want to know what was really going on with the Dancing Baby (see page 889), or why EBay cannot be touched when its sellers sell copyrighted works at auction (see page 926) , caching, incidental copies of copyrighted works, inducement liability, vicarious liability, innocent storage, acting as a conduit,  and much much more.

Many decisions seem harsh to copyright owners. That's the way the cookie crumbles.

Of great interest is pp 999 - 1001 (First Sales In Electronic Commerce), which goes to the heart of why the Internet Archive's digital lending premise is not permitted under the DMCA. At least, it is of interest, if you read this rather piratical distortion of copyright history by Ryan and LaToya and Maria.

I'm not sure if you can "like" this author's reply to the premise, left in the Comments section of the piece, but the comments about "the future of book ownership" are absolute, opinionated rubbish.

Another somewhat concerning article about a religious institution deciding to opt for piracy instead of donating their library to a University occurred this week.

For those writers with a book written and ready for competition, entry into the Vivian is free for members of RWA and also for non-members this inaugural year, and will open for entries on November 10th at 11.00 am Central Time.

Visit for information.

All the best,

Rowena Cherry 

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