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The iBooks Author EULA does not create an exclusive license, and doesn’t...

This is a follow up to my previous post on the iBooks Author End User License Agreement (EULA) and what it actually means. Rather than posting an update to that post, I decided to follow it up with a...

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Copyright & Trademark: A primer on their differences

There is a lively discussion on the differences between copyright and trademark law in the comments to a Techdirt article. Copyright and trademark law are often confused, and this is by both lawyers...

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Why Apple’s new iTunes Match service cannot be used to chase down music pirates

Ars Technica has an article about whether iTunes’ new iCloud features will be used to chase down music pirates. Some lawyers and academics writing about this might hedge their comments with conditions...

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Can you steal the idea for a product or service?

The Telegraph has an article about claims that the founders of the Huffington Post ‘stole’ the blueprint for the popular website.  Can you ‘steal’ an idea, be it for a product or a service? On some...

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The Consumer’s IP Law: A review of trademarks

Two trademark stories on Techdirt highlight the power of trademark law.  The first deals with Walmart being sued by the makers of Sillybandz — this generation’s slap bracelets — for selling and...

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Implied licenses: Why copyright and contract prevents North Country Gazette...

The North Country Gazette has threatened to sue folks who read more than one article on their website.  Since the threat was unearthed by BoingBoing and Techdirt, and re-posted on Slashdot, the website...

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Garage Door Openers and the DMCA’s Anti-Circumvention Provision

Ars Technica, a website chock full of useful articles for any tech lover, has an interesting and lengthy examination of how law and technology interact when it comes to garage door openers. People...

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Cell Phones, the Fourth Amendment, and the Ohio Supreme Court

Arrested with an iPhone, Blackberry, Palm Pre, or some other smartphone on you?  Were you carrying your fancy new Netbook? Officers can search you upon arrest in order to protect themselves, inventory...

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Using privacy law to protect virtual resources rather than property law

Author’s Note: This an excerpt from an early draft of a paper I am currently writing. I.    Introduction Applying property rights  to virtual resources is often justified by arguing that property...

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