A Few Thoughts About Aereo…

As all copyright law geeks are surely aware, the Supreme Court ruled 6-3 today that Aereo infringes the public performance rights of the broadcaster plaintiffs. As I have been arguing (here and here), I think the simplest way to separate the Dropbox-like sheep from the Aereo-like goats is to focus on who supplies the content. […]

Copying Deprives the Owner of Property

This past Tuesday, the Second Circuit held that the government’s indefinite retention of computer files copied pursuant to a warrant became an unreasonable seizure under the Fourth Amendment at some point.1 In the case, three hard drives belonging to the defendant had been copied by the government for later offsite inspection, and it took the […]

On Techdirt, Creative Commons, & the Public Domain

Mike Masnick has yet another post on Techdirt lamenting how, in his view, “the public domain is in trouble.” How do we know this? Because it “requires a 52-page handbook to determine if something is public domain.” Yes, “requires,” and that just “seems… wrong.” The lamentably-long handbook in question, entitled “Is it in the Public […]