Pamela Samuelson, one of America's leading copyright scholars, has published a working paper arguing that the DoJ's and RIAA's theory for calculating damages in downloader lawsuits is flawed:
A working paper coauthored by noted copyright law scholar Prof. Pamela Samuelson of the University of California Law School discusses, in depth, various issues regarding statutory damages under the Copyright Act.
Working paper by Prof. Samuelson on Copyright Act statutory damages argues Gore due process test applicable to statutory damages
Among other things, the paper concludes that the State Farm/Gore due process test is applicable to statutory damage awards under the Copyright Act, a position which is consistent with the position taken in the amicus curiae brief filed by the Free Software Foundation in SONY BMG Music Entertainment v. Tenenbaum, and inconsistent with the positions taken by the Department of Justice in Tenenbaum and in SONY BMG Music Entertainment v. Cloud
This week, the scholarly publishing giant Elsevier filed suit against Sci-Hub and Library Genesis, two sites where academics and researchers practiced civil disobedience by sharing the academic papers that Elsevier claims — despite having acquired the papers for free from researchers, and despite having had them refereed and overseen by editorial boards staffed by more […]
Sarah Jeong had me standing up and cheering with her comparison of kudurrus — the ancient Mesopotamian boundary stones used to mark out territorial land-grants — and the way that laws like the US DMCA protect digital rights management systems.
Mélanie Joly is the newly appointed Canadian Heritage Minister, and she’s been given a briefing book by her ministerial staffers laying out the ministry’s view of what’s going on in the Heritage brief. The book’s copyright section is a disaster.
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