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. […]

Aereo in a Nutshell

Cross-posted on the Copyhype blog. Now that the Supreme Court has agreed to hear the Aereo appeal, I want to offer a simple explanation of the central legal issue before the Court. Much has been written about Aereo, but surprisingly little of it discusses the actual question the Court will decide. There is no doubt […]

Making Available Revisited: Nimmer Did Not Change Its Tune

Cross-posted on the Copyhype blog. The making available issue takes center stage today on Capitol Hill as the House Subcommittee on Courts, Intellectual Property, and the Internet holds a hearing on “The Scope of Copyright Protection.” Copyright treatise author Professor David Nimmer argues for the making available right (testimony available here), and Tulane Law Professor […]

Tenth Circuit: Making Available is Distribution

Cross-posted on the Copyhype blog. Representing himself before the U.S. Court of Appeals for the Tenth Circuit, Andrew Diversey has managed to set a very interesting precedent (opinion available here or here). Senior Circuit Judge Terrence L. O’Brien, writing for a unanimous panel, held that when a library adds a work to its collection, indexes […]

Further Thoughts on Fair Use and the First Amendment

Cross-posted on the Copyhype blog. As a follow-up to my last post about why copyright is a right and fair use is a privilege, I wanted to respond to some of the issues brought up by people on the ‘net about what I had written. Let me start by saying that I understand that, normatively, […]