Standing on the Shoulders of Giants, 1845 Style

Just months before his death in September of 1845, Justice Joseph Story, riding circuit, so eloquently reminded all that everything builds on what came before: In truth, in literature, in science and in art, there are, and can be, few, if any, things, which, in an abstract sense, are strictly new and original throughout. Every […]

Copyright is “but a proper reward for his labor”

To the foundational pluralists, I present this gem: THOMPSON, Circuit Justice, charged the jury that the privilege of an author to the exclusive sale of his works for a limited term of years, although a monopoly, was not so in the odious meaning of the term; it was but a proper reward for his labor […]

Aereo Oral Argument: But What About the Cloud?

Cross-posted on the Copyhype blog. The cloud took center stage at the oral argument in the Aereo appeal before the Supreme Court this past Tuesday. Several justices expressed concern over how Aereo’s service can be distinguished from a cloud storage service. As they had argued in their reply brief, the petitioners, represented by Paul D. […]

Aereo Petitioners Focus on Who Supplies the Content

Cross-posted on the Copyhype blog. The petitioners have filed their reply brief in the Aereo appeal, and I’m thrilled to see their focus on who supplies the content—a standard for differentiating cloud computing sheep from goats that I’ve been advocating (see here and here). Right out of the gate, the petitioners note that Aereo supplies […]