LEGAL THOUGHTS

This blog contains our personal opinions on topics that interest us.

Over already

And it is over. Earlier this month, I blogged about The Satanic Temple suing Netflix for copyright infringement over the apparent copying of its statue of Baphomet. Less than one week later, the parties have settled (see link). #copyright #lawsuit

GDPR and extraterritoriality

The Register reported on November 19th that the UK Information Commissioner's Office (ICO) determined that The Washington Post violated the GDPR by tying cookie consent to access to their stories. That finding is not surprising given the definition of consent. You would think the UK ICO would go after The Washington Post after finding it in violation of the GDPR because of the potential fines. However, the UK ICO appears to have said that apart from issuing the finding "there is nothing more [they] can do in relation to this matter." What? Why would they not pursue The Washington Post given that the GDPR was written to extend outside of the EU (see Article 3)? Probably because the UK ICO

IP address alone is insufficient for copyright infringement

On August 27, 2018, the Ninth Circuit upheld a dismissal of copyright infringement lawsuit alleging that a defendant was the registered subscriber of an IP address associated with infringing activity. See Cobbler Nevada, LLC v. Gonzales, (9th Cir. Aug. 27, 2018), Case No. 17-35041 (see link). In this case, the plaintiff identified an IP address that downloaded and distributed a movie via BitTorrent networks. Plaintiff sued the unknown holder of the IP address, and learned that defendant was the subscriber associated with the IP address. After contacting defendant, plaintiff learned the IP address was accessible to residents and visitors of an adult care home. Nonetheless, plaintiff sued d

Happy Thanksgiving

(c) syntheticmessiah - stock.adobe.com #holiday

Appointments to the NJ State Bar Association

We are proud to announce that Joseph J. DiDonato was appointed to the New Jersey State Bar Association's In-House Counsel Committee and Intellectual Property Law Committee. #lohp #nj

Tokenization and the Blockchain

This guest post is written Thomas Friedrich, a co-founder of Ambitorio, a Crypto Valley based startup in the digital licensing space. Thomas is a Blockhain enthusiast, an early Bitcoin adopter and was one of the first members of Crypto Valley. Today, the “blockchain” is a popular topic. There are many trends concerning blockchain technology and this post examines one trend – tokenization. Blockchain is a technology for creating a public ledger where all transactions are added continuously. The ledger gets bigger and bigger with every transaction written to the ledger. To make sure that everything written in the ledger is correct, people around the world download the ledger and participate

Masha and the Bear

Anyone with a kid can tell you that this is supposed to be "Masha and the Bear" (see link). #copyright #trademark

Don't forget about criminal sanctions for violating US Copyright law

Mr. Trevon Franklin committed a trifecta of bad decisions when thumbed his nose at US Copyright law. First, he downloaded a pirated copy of Deadpool soon after its release in the US on February 12, 2016. Second, he uploaded the pirated copy to Facebook while it was still in theaters, and it had 6,386,456 views. Third, he willfully ignored warnings from other Facebook users that doing so was unlawful. Because of the nature of his copyright violation, the government pursued his copyright violations under criminal law. 17 U.S.C. § 506(a)(1)(B). In 2017, he was indicted and arrested (see link) for a felony violation of copyright law and he faced up to 3 years in prison (17 U.S.C. § 2319(c)(1)

First issued automobile patent

I was in Stuttgart, Germany visiting the Mercedes-Benz Museum, and they had a copy of the first issued patent for a "gas-powered vehicle". Carl Benz filed the application on January 29, 1886 and it was granted on November 2, 1886. #patent #technology

Don't copy the Satanic Temple's statue

According to Lucien Greaves, co-founder and spokesperson for The Satanic Temple (a religious organization), the Netflix show “The Chilling Adventures of Sabrina" copied The Satanic Temple's statue of their deity Baphomet, and The Satanic Temple will be taking legal action presumably for copyright infringement (see link). To see a comparison of the two statues follow this Twitter link. The above image of Baphomet was created by Éliphas Lévi in 1856, and supposedly is the most common representation of the deity. If the The Satanic Temple created their statue based on that image, they could own the copyright on the statue because the original work is now in the public domain. The questions th

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