Friday’s Endnotes – 07/27/18

This case fits squarely within the tradition of copyright enforcement. Turchin’s conduct—pirating and distributing dozens of copies of Glacier’s film—does not “promote the Progress of Science and useful Arts” by “assur[ing] authors the right to their original expression” and “encourag[ing] others to build freely upon the ideas and information conveyed by a work.” This is not a case of the infringer creating something new and incorporating a copyrighted element into that new, creative work. Rather, this case is the digital equivalent of standing outside the neighborhood Redbox—or Blockbuster Video, for fans of history—and giving away copies of the movie for free. Glacier Films v Turchin, 9th Circuit (July 24, 2018) The AG Opinion in Levola Hengelo: more questions than answers? — Can the taste of cheese be protected by copyright? This week, the Advocate General for the European Court of Justice advised…

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