Do As I Say, Not As I Do: Google’s Patent Transparency Hypocrisy

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) blog. It is common today to hear that it’s simply impossible to search a field of technology to determine whether patents are valid or if there’s even freedom to operate at all. We hear this complaint about the lack of transparency in finding “prior […]

Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) blog. The Second Circuit’s recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad. From its convoluted reasoning that copyrights under state law for pre-1972 sound recordings are limited by the DMCA safe harbors, despite the explicit statement in Section […]

Separating Fact from Fiction in the Notice and Takedown Debate

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) blog. By Kevin Madigan & Devlin Hartline With the Copyright Office undertaking a new study to evaluate the impact and effectiveness of the Section 512 safe harbor provisions, there’s been much discussion about how well the DMCA’s notice and takedown system is working for […]

Attacking the Notice-and-Staydown Straw Man

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) Blog. Ever since the U.S. Copyright Office announced its study of the DMCA last December, the notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown have turned up the volume, repeating the same vague assertions about freedom, censorship, innovation, and creativity that […]