25 Top Copyright Blogs of All Time - Source - Justia

The 25 top copyright blogs of all time by popularity according to Justia Blawgsearch:

1. IPKat

2. Recording Industry v. the People
3. Chicago IP Litigation Blog
4. Chilling Effects Clearinghouse
5. Plagiarism Today
6. Likelihood of Confusion
7. Internet Cases
8. Ruling Imagination: Law and Creativity
9. Nolo Presents the Law in Plain English
10. Copyright Litigation Blog
11. TechnoLlama
12. Copyfight
13. Hearsay Culture
14. Copyright Reform
15. Excess Copyright
16. Video Game Law Blog
17. Ex©lusive Rights
18. Blawg IT
19. Guiding Rights Blog
20. eLegal Canton
21. Trademark Express: A Daily Blog
22. IP Blawg
23. Lawgarithms
24. Phosita
25. Control Protect & Leverage



 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Is Using A Wireless Router Copyright Infringement? Or a Defense? (UPDATED)

From Boston College's website here

Common Examples of Copyright Infringement


•Joining a file-sharing network and downloading unauthorized copies of copyrighted music for free.

•Sharing unauthorized MP3 copies of a song on the Internet or through a file-sharing network.

•Using a wireless router in your room; others may share illegal material through your router, giving the appearance that you are the guilty party.

•Emailing copies of a copyrighted song to all of your friends.

•Transferring copyrighted music using AIM or other instant messaging services.

•Burning CD copies of music you have downloaded and then giving them to all your friends.


This is the first time I have heard that colleges and universities are teaching America's youth that using a wireless router constituted copyright infringement, can anyone educate me as to where this came from?

I have excerpted below the three federal opinions mentioning wireless routers, in each, having a wireless router was a potential defense to copyright infringement.

From Capitol Records Inc. v. Thomas-Rasset 2009 WL 1664468, 7 (D.Minn. 2009)



Therefore, given the evidence that there is no wireless router involved in this case, the Court excludes Kim's opinion that it is possible that someone could have spoofed or hijacked Defendant's Internet account through an unprotected wireless access point. Similarly, because Kim explicitly testified that this case does not involve any “black IP space,” or any “temporarily unused” IP space (Kim Dep. 110-11), he is not permitted to opine at trial that hijacking of black IP space or temporary unused IP is a possible explanation in this case.

From Arista Records, Inc. v. Musemeci 2007 WL 3124545, 5 (E.D.N.Y. 2007)


In connection with a motion to vacate a default judgment, a defendant must present more than conclusory denials when attempting to show the existence of a meritorious defense. See Enron Oil Corp., 10 F.3d at 98. “The test of such a defense is measured not by whether there is a likelihood that it will carry the day, but whether the evidence submitted, if proven at trial, would constitute a complete defense.” Id (citations omitted) (emphasis added). To set aside a default, the movant must “support its general denials with some underlying facts.” Sony Corp., 800 F.2d at 320-21.



Here, defendant has failed to make an adequate showing of a meritorious defense. Despite this circuit's strong preference for resolving cases on the merits, see Traguth v. Zuck, 710 F.2d 90, 94 (2d Cir.1983), I find that defendant has made no statement of facts which, if proven at trial, would constitute a complete defense to plaintiffs' claims. Defendant has offered little more than conclusory denials of the alleged infringement. While defendant claims that he uses an unsecured wireless router at his residence, which could have been used by an outside party to commit the alleged infringing activity,FN7 this does not constitute a complete defense. Furthermore, plaintiffs have identified the screen name that was used to commit the alleged infringing activity as “jAcKiEecUddlEsSs@KaZaA.” ( See Gutierrez Decl. ¶ 18.) Defendant admits that he has a daughter named Jacqueline. ( See Tr. at 16.) This is unlikely to be a coincidence. I therefore find that defendant has not established a complete defense to plaintiffs' allegations.

 From  Motown Record Co., LP v. DePietro 2007 WL 576284, 2 (E.D.Pa.,2007)
Defendant's refusal to cooperate with Plaintiffs has persisted throughout the discovery process. Defendant initially refused to provide any written discovery to Plaintiffs.FN14 On at least two different occasions, Defendant refused to answer questions related to the case by asserting her Fifth Amendment privilege against self-incrimination, even though no criminal investigation or charges were pending against her.FN15 These refusals to cooperate forced Plaintiffs to seek Orders from this Court compelling Plaintiff to provide written discovery and to be deposed.FN16 Thereafter, Plaintiff was deposed a second time and submitted responses to previously issued interrogatories. During discovery, Defendant acknowledged that she was the only person who had access to her computer,FN17 that her live-in boyfriend was the only other person in her apartment for any extended period of time, FN18 and that she never used a wireless router or wireless service to connect to the Internet.FN19More on fair use guidelines here.

UPDATE
Techdirt attracts over 170 comments on the story here.   Many commenters say that the BC policy is a poorly-worded security warning and that people should secure their routers to avoid unauthorized use.

Zeropaid comments here.

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Top 40 Intellectual Property Lawyers on Twitter #IP #LAW

Intellectual Property Legal Birds (on Twitter) by Community Connections

1.   Erik J. Heels (@ErikJHeels)
2.    Mr. Brett Trout (@BrettTrout)
3.   Timothy Powers O'Neill (@TimothyPONeill)
4.   Venkat Balasubramani (@VBalasubramani)
5.   Brent C.J. Britton (@bcjb)
6.   Mr. Thomas J. O'Toole (@bnatechlaw)
7.   Timothy Anderson (@UtahLegalGuy)
8.   Alec Brian Wisner (@AlecWisner)
9.     Kevin Eugene Houchin (@kevinhouchin)
10.  Victoria Pynchon (@ipadrblog)
11.   Gordon Philip Firemark (@gfiremark)
12.   Enrico Schaefer (@Enrico1999)
13.   Glenn B. Manishin (@glennm)
14.   Gregory A. Beck (@gbeck)
15.   Kevin A. Thompson (@cyberlaw)
16.   Steven O'Donnell (@odonnellsteve)
17.  Donald Curtis Kudler Esq. (@DonaldKudler)
18   Matthew Koziarz (@X_Comprising)
19.  Duncan Bucknell (@IPThinkTank)
20   Stephen N. Nipper (@nipper)
21.   Jamil Abdo (@JamilAbdo)
22.   Scott Gibson (@TradeSecretLaw)
23.   Ray Beckerman (@RayBeckerman)
24.   Jon Ethan Lewis (@Jon_Lewis)
25.   Daniel Reisman (@DanielReisman)
26.   David Hardin Milligan (@dmilligan)
27.   Scott R. Cleere (@MadCityCon)
28.   J. Matthew Buchanan (@ptp)
29.   Kenneth David Suzan (@ksuzan)
30.   Jonathan D. Frieden (@JonathanFrieden)
31.    Brian Fletcher (@BrianNFletcher)
32.  Olga Zalomiy (@olgazalomiy)
33.   Latoicha Phillips Givens (@IPLAW101)
34.  Mark David Torche (@patwrite)
35.   Lior Leser (@web20lawyer)
36.   Matthew Saunders (@mattsaunders)
37.   Joseph Duc Dang (@josephdang)
38.   Dana Melissa Newman (@DanaNewman)
39.   Ms. Jan Matthew Tamanini (@JMTLaw)
40.  Rodney Mesriani (@MesrianiLaw)

Source Justia's Legal Birds - Ranked by Community Connection.


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 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Copyright and Fine Art: Sept 14 CLE Program at New York County Lawyers' Association

Sept 14:  Copyright and Fine Art Continuing Legal Education Program

Location:
New York County Lawyers' Association
14 Vesey Street, 2nd Floor Auditorium

Course ID: C091410
Number of Sessions: 1
Credits: 3 MCLE Credits
3 MCLE Credits (NY and NJ*): 3 Professional Practice; Transitional and Non-transitional

Course Description:
Today's digital world relies increasingly on works of fine art. Fine art and the creative process relies on appropriation, mimicry, satire, parody and collage. How does the Copyright Act and the Visual Artists Rights Act fit in? What materials can an artist use? To what degree may an artist protect the integrity of artworks? How does anyone make money?

This lively and entertaining program considers case law involving works of fine art to illustrate current controversies in copyright law that affect painting, sculpture, architecture, photography and video. The principles considered, such as "work for hire" and the "fair use doctrine" apply to all creative and commercial endeavors that use copyrighted materials and should be of interest to those in intellectual property, business law, employment law and litigation.

Faculty:
Program Chair & Faculty: Raymond J. Dowd, Dunnington Bartholow & Miller LLP
Moderator: Hon Stephen G. Crane (Ret.), JAMS Mediator

Raymond Dowd is a member of Dunnington Bartholow & Miller's intellectual property, art law, corporate, litigation and arbitration practice groups. He has broad commercial litigation experience in both federal and state courts, and has represented copyright, trademark and domain name owners, broadcasters, distributors and content providers in transactions and litigation, representing both plaintiffs and defendants. Mr. Dowd represents collectors and dealers of fine art and has litigated disputes involving authenticity, forgery, ownership and provenance. Mr. Dowd regularly speaks to trade associations on copyright, fine art, trademark and litigation issues, and participates in organizing continuing legal education programs. His 2009, Copyright Litigation Handbook (West 2010), was called "an indispensable guide" by The New York Law Journal.

Purchase Copyright Litigation Handbook from West here  

Copyright Law Practitioners: Legal Research Database for IP Lawyers Now Has Copyright Litigation Handbook

The All Intellectual Property Analytical Database on Westlaw which contains such classics as McCarthy on Trademarks now contains Copyright Litigation Handbook.   If your firm or law school subscribes to this library, you can access the Copyright Litigation Handbook 2010, which just shipped last week, by typing database identifier COPYLITIG into Westlaw.

For more information about Copyright Litigation Handbook 2010, plus detailed information on its contents, see my last blog post here.

Here is a list of the contents of the All Intellectual Property Analytical Database on Westlaw.

ABI-BANKIP Bankruptcy and Its Impact on Intellectual Property

ADVEBUS Advising eBusinesses

AFAVIP Assets and Finance: Audits and Valuation of Intellectual Property, Internal Controls, Materiality, and Investment

AFINS Assets and Finance: Insurance Coverage for Intellectual Property and Cyber Claims

AIPLAQJ AIPLA Quarterly Journal

ALBLJST Albany Law Journal of Science and Technology

ALR-PAT American Law Reports–Patents

AMJURLF-PAT American Jurisprudence Legal Forms 2d: Patents

AMJUR-PAT American Jurisprudence 2d: Patents

ANEBUSLB Andrews E-Business Law Bulletin

ANPATDIG Annotated Patent Digest (Matthews)

ARTARCHLAW Art, Artifact, Architecture, and Museum Law

BERKTLJ Berkeley Technology Law Journal

BFIPLJ Buffalo Intellectual Property Law Journal

BIOTECHLAW Biotechnology and the Law

BUJSTL Boston University Journal of Science and Technology Law

CALCIPDAM Calculating Intellectual Property Damages

CALLMANN Callmann on Unfair Competition, Trademarks, and Monopolies

CCGINTLP Corporate Counsel's Guide to Intellectual Property: Patents, Copyrights, Trademarks, and Trade Secrets

CCGPTRSE Corporate Counsel's Guide to Protecting Trade Secrets

CCGRCOMP Corporate Counsel's Guide to Relations with Competitors

CCGUNFCOM Corporate Counsel's Guide to Unfair Competition

CCGWARR Corporate Counsel's Guide to Warranties

CDZAELJ Cardozo Arts and Entertainment Law Journal

CHIKJIP Chicago-Kent Journal of Intellectual Property

CJS-PATENT Corpus Juris Secundum: Patents

CLAIMCFC Claim Construction in the Federal Circuit

CLMJLA Columbia Journal of Law and the Arts

COMENT Hastings Communications and Entertainment Law Journal (COMM/ENT)

COMPINF Computer and Information Law Digest

COMPSOFT Computer Software: Protection, Liability, Law, Forms

COPYLAW Law of Copyright

COPYLBP Copyright Law in Business and Practice

COPYLITIG Copyright Litigation Handbook

COPYWORLD Copyright Throughout the World

CORPC-IP Corporate Compliance Series: Intellectual Property

CYBERCRLR Cybercrime Law Report

DATASPL Data Security and Privacy Law: Combating Cyberthreats

DOMAIN-GPP Domain Names–Global Practice and Procedure

DPLJATIP DePaul Journal of Art, Technology, and Intellectual Property Law

DUKELTR Duke Law and Technology Review

DUWORLD Designs and Utility Models Throughout the World

ECKLICN Eckstrom's Licensing in Foreign and Domestic Operations

ECKLICN-FO Eckstrom's Licensing in Foreign and Domestic Operations: The Forms and Substance of Licensing

ECKLICNFO-FRAN Eckstrom's Licensing in Foreign and Domestic Operations: Forms–Franchising

ECKLICN-JV Eckstrom's Licensing in Foreign and Domestic Operations: Joint Ventures

ENTERTAIN Entertainment Law: Legal Concepts and Business Practices

ENTLR Entertainment Law Reporter

EUROPATENT Guide to European Patents

EXPWIT-IP Expert Witnesses: Intellectual Property Cases

FDMIPMELJ Fordham Intellectual Property, Media, and Entertainment Law Journal

FIP-TBMP1D Trademark Trial and Appeal Board Manual of Procedure, First Edition

FIP-TBMP2D Trademark Trial and Appeal Board Manual of Procedure, Second Edition

FIP-TMEP2D Federal Intellectual Property–Trademark Manual of Examining Procedure, Second Edition

FIP-TMEP3D Federal Intellectual Property–Trademark Manual of Examining Procedure, Third Edition

FIP-TMEP4TH Federal Intellectual Property–Trademark Manual of Examining Procedure, Fourth Edition

FIP-TMEP5TH Federal Intellectual Property–Trademark Manual of Examining Procedure, Fifth Edition

FIP-TMEP6TH Federal Intellectual Property–Trademark Manual of Examining Procedure, Sixth Edition

FRANCHDIST Franchise and Distribution Law and Practice

FRANCHRR Franchising Realities and Remedies

GENPHARMA Generic Pharmaceutical Patent and FDA Law

GLCYLAW Cyberspace Lawyer

GLEBLCR Electronic Banking Law and Commerce Report

GLECOMLR E-Commerce Law Report

GLEFILR E-Filing Report

GLERISALR ERISA Litigation Reporter

GLFDLR Futures and Derivatives Law Report

GLILR Internet Law Researcher

GLINTCON Internet Connection

GLMALAW M&A Lawyer

GLPRINLR Privacy and Information Law Report

GLSLR Securities Litigation Report

GLWSLAW Wallstreetlawyer.com: Securities in the Electronic Age

HECTEC E-Commerce and Technology

HVJLT Harvard Journal of Law and Technology

IDEA IDEA: The Intellectual Property Law Review

INFOLAW Information Law

INTERNET Internet Law and Practice

INTRPARTES Inter Partes Reexamination

IPCOMMERCE Intellectual Property in Commerce

IPDD Intellectual Property Due Diligence in Corporate Transactions

IPLBL Intellectual Property Law for Business Lawyers

IPLITGUIDE Intellectual Property Litigation Guide: Patents and Trade Secrets

IPMA Intellectual Property in Mergers and Acquisitions

IP-PROFDIR International Professional Directory

IP-STRAT IP Strategy: Complete Intellectual Property Planning, Access, and Protection

IP-TP-PRO Intellectual Property Analytical Library Combined

ISJLP I/S: A Journal of Law and Policy for the Information Society

JCPS Journal of the Copyright Society of the U.S.A.

JIPL Journal of Intellectual Property Law

JLTECH Journal of Law and Technology

JMARJCIL John Marshall Journal of Computer and Information Law

JMARRIPL John Marshall Review of Intellectual Property Law

JPNPATLIT Japanese Patent Litigation

JPTOS Journal of the Patent and Trademark Office Society

LAWLIT Law and Literature

LBCOMPSW Law and Business of Computer Software

LCOMTECH Law of Computer Technology

LEGALWORKS LegalWorks Newsletter Multibase

LICENSATM Licensing and the Art of Technology Management

LICLAW Licensing Law Handbook

LINDEY3D Lindey on Entertainment, Publishing, and the Arts, 3d

LMCL Law of Merchandise and Character Licensing

LYLAELR Loyola of Los Angeles Entertainment Law Review

MARQIPLR Marquette Intellectual Property Law Review

MARQSLR Marquette Sports Law Review

MCCARTHY McCarthy on Trademarks and Unfair Competition

MEDDEVPAT Medical Device Patents

MEDIAWORLD Media, Advertising, and Entertainment Law Throughout the World

MITTLR Michigan Telecommunications and Technology Law Review

MODLICENLAW Modern Licensing Law

MOY-PAT Moy's Walker on Patents

MPATLAWP Modern Patent Law Precedent

NANOLB Nanotechnology Law and Business

NANOTECH Nanotechnology Law

NCJLT North Carolina Journal of Law and Technology

NICHOLS-LFPAT Nichols Cyclopedia of Legal Forms: Patents

PATAPP Patent Applications Handbook

PATBASICS Patent Law Basics

PATCLAIM Patent Claims

PATDAMAGES Patent Damages Law and Practice

PATDIGEST Federal Circuit Patent Case Digests

PATENT-JI Patent Jury Instruction Handbook

PATFORMS Patent Official Forms

PATLAWF Patent Law Fundamentals

PATLAWHAND Patent Law Handbook

PATLEGECON Patent Law: Legal and Economic Principles

PATLWHB-OLD Patent Law Handbook Old

PATPRACFRM Patent Law Practice Forms

PATRYCOPY Patry on Copyright

PATRYFAIR Patry on Fair Use

PAT-TP-PRO Patent Law Analytical Library Combined

PATWORLD Patents Throughout the World

PMPEP Practitioner's Manual of Patent Examining Procedure

PRELITPAT Pre-Litigation Patent Enforcement

PROTIPBORD Protecting Intellectual Property Rights Across Borders

REELGUIDE Film and Multimedia and the Law

RMDJLT Richmond Journal of Law and Technology

RTPUBPRIV Rights of Publicity and Privacy

RUCTLJ Rutgers Computer and Technology Law Journal

SCCHITLJ Santa Clara Computer and High Technology Law Journal

SHJSEL Seton Hall Journal of Sports and Entertainment Law

SPLAWJ Sports Lawyers Journal

STATECOM State Computer Law: Commentary, Cases, and Statutes

TDPROT Trade Dress Protection

TECHLIC Multimedia and Technology Licensing Agreements

TLNJTIP Tulane Journal of Technology and Intellectual Property

TMARKR Trademark Reporter, The

TMPJSTEL Temple Journal of Science, Technology, and Environmental Law

TMPRACFORM Trademark Law Practice Forms, 2d

TMPRWLD Trademark Practice Throughout the World

TMPRWLD-FRAN

Trademark Practice Throughout the World: Franchising

TM-TP-PRO Trademark Law Analytical Library Combined

TMWORLD Trademarks Throughout the World

TRADESEC Trade Secrets Throughout the World

TRDSECRT Trade Secrets Law

TTABPP Trademark Trial and Appeal Board Practice and Procedure

TXIPLJ Texas Intellectual Property Law Journal

UBAIPLJ University of Baltimore Intellectual Property Law Journal

UCLAELR UCLA Entertainment Law Review

UCLAJLT UCLA Journal of Law and Technology

UILJLTP University of Illinois Journal of Law, Technology, and Policy

UMIAESLR University of Miami Entertainment and Sports Law Review

UNFAIRCOMP Federal Unfair Competition: Lanham Act 43(a)

USPTOTM-RULES USPTO Trademark Filing Rules

VAJLT Virginia Journal of Law and Technology

VLSELJ Villanova Sports and Entertainment Law Journal

WEST-LFPAT West's Legal Forms: Patent Law

WJCOMPI Westlaw Journal Computer and Internet

WJENT Westlaw Journal Entertainment Industry

WJINSC Westlaw Journal Insurance Coverage

WJINTPROP Westlaw Journal Intellectual Property

YJLT Yale Journal of Law and Technology

 

Purchase Copyright Litigation Handbook from West here  

Copyright Law: Copyright Litigation Handbook 2010 Now Shipping

My publisher West has informed me that Copyright Litigation Handbook 2010 is now being shipped.  This year there's been a tremendous number of developments in copyright law, dealing with the Copyright Office, and the relevant Federal Rules of Civil Procedure and keeping up has been a tremendous task.

The Copyright Litigation Handbook 2010 contains a full text of the Copyright Act 17 USC 101 et seq, the Copyright Act of 1909, the Federal Rules of Evidence and the Federal Rules of Civil Procedure.   That means that it's a quick and easy desk reference.  It contains checklists, forms and updated case citations.

Unlike other books on copyright law, the Copyright Litigation Handbook aims to help copyright law practitioners figure out how to deal with the unique procedures arising from handling a copyright case, from pre-and post-litigation interactions with the Copyright Office through handling every aspect of a litigation that may arise in dealing with the federal courts.  It will help both beginners and experts.

No other book out there tries to help you figure out how to get these problems resolved in a practical way.

Since the first version of Copyright Litigation Handbook was published in 2006, the content has expanded over 60%, reflecting the addition of new chapters, new sections and expanded case coverage.   The Copyright Litigation Handbook is designed for attorneys who must navigate the issues from the first client interview, through a trial and final appeal. 

You can find a detailed summary of Copyright Litigation Handbook's contents here.  For some more information on me from the West Expert Directory, check here.

Practitioners who subscribe to Westlaw can access Copyright Litigation Handbook through the database COPYLITIG.   If your law firm has the All Intellectual Property Analytical Database on Westlaw, COPYLITIG is included.  More information on the scope of COPYLITIG here.

I believe that law students get free subscriptions as part of a student account at law school.  For student discounts, copyright law professors and law librarians please contact your West rep.

Here are some of the reviews for Copyright Litigation Handbook:

5.0 out of 5 stars A great resource, October 8, 2009  By Joseph Petersen - Kilpatrick Stockton

Raymond J. Dowd, an experienced trial lawyer and partner with Dunnington, Bartholow & Miller LLP, has written a long-overdue work. His Copyright Litigation Handbook provides a straightforward overview and is chockablock with insightful and practical information. Mr. Dowd is liberal in his inclusion of excerpts from relevant statutes, including not only the Copyright Act, but also the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and his book provides numerous sample forms. Mr. Dowd's Copyright Litigation Handbook will long be a valuable resource for copyright litigators; I am confident that it will be squeezed into trial bags for years to come.

Joseph Petersen, Kilpatrick Stockton LLP  -5.0 out of 5 stars Copyright Litigation Handbook

By Corey Field (Los Angeles, CA)

I have read this entire book. It is extraordinary for more reasons than I have space here to enumerate. It is a book about copyright law for litigators, and it is at the same time a book about litigation for copyright lawyers. It is written for a broad audience of attorneys whose practice may touch upon copyright law, but it is also a great practice overview for an experienced copyright lawyer. It is organized in a logical way proceeding from case evaluation through trial. Throughout, it offers nuggets of advice that are extremely valuable - the sort of experienced advice that makes a huge difference in the development of one's legal abilities.

Corey Field, Ballard Spahr Andrews & Ingersoll, LLP

By David Wolfsohn:

Until Raymond Dowd wrote this book, there simply was no litigation-friendly guide to copyright litigation. Thank goodness Mr. Dowd chose to devote the equivalent of several years of time and effort to write this book, and to update it with this 2009 edition. This is the book that both occasional dabblers in copyright should go to first (which I wish I had when I started out), as well as now-experienced copyright litigators like me. It is the book I go to first when drafting a complaint (or even when deciding whether to sue), and consult when beginning to prepare for trial. Everything is litigation oriented, so one doesn't need to wade through abstract theorizing to get a sense for how you can use the current state of the case law to your client's advantage. The forms for a complaint and other litigation papers are particularly useful. And the ideas for motions in limine are priceless, and as far as I know, a unique feature of this book. --

David Wolfsohn, Woodcock Washburn LLP.





 Purchase Copyright Litigation Handbook from West here