banana_feather

7 ms·

31.
by banana_feather 3y ago
The remedies under Title 17 are an injunction against further distribution, disgorgement or statutory damages, and potentially attorneys fees. The injunction part is why these cases usually settle if the defendant is actually in the wrong.
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by banana_feather 3y ago
> Or do the courts not really care at all how something is made? One of the fair use factors, which until fairly recently was consistently held out as the most important fair use factor, is the effect on the commercial market for the ori
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by banana_feather 3y ago
As opposed to what in the United States? Anyone advocating for a reduction in the authority of law enforcement is pretty quickly relegated to the fringe of either party or actively beaten down depending what the conditions call for (the Ame
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by banana_feather 3y ago
I'm sorry, did you not read past the ad break? The very next paragraph is about four dissenters taking issue with the wetlands definition: > Justice Brett Kavanaugh, joined by the court's three liberal members, disputed Alito&#
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by banana_feather 3y ago
There was most certainly not unanimity on the redefinition of wetlands, which is what they were talking about.
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by banana_feather 3y ago
Much of the case law about the "transformative" factor focuses on "new meaning or expression", but it's about visual art, which is generally very difficult to reason about w.r.t. copyright. I think the example to lo
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by banana_feather 3y ago
The copyright office has issued guidance on this which contains a very thorough and thoughtful legal analysis; you would probably be most interested section 3: https://copyright.gov/ai/ai_policy_guidance.pdf The practi
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by banana_feather 3y ago
That's not how fair use works. This kind of use would facially fail three of the factors for fair use; it's not be transformative, it copies the original work in its entirety, and it harms the commercial market for the original wo
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by banana_feather 3y ago
> Laws should be as local as practically possible. You guys are every lawyer's dream. Yes, please, continue believing you're following some great American tradition of strong local government by submitting to the whims of your
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by banana_feather 3y ago
Dishonesty toward the tribunal is a violation of the rules of professional responsibility/conduct (model rules 3.3 and 8.4(d), the latter is what they disbarred Clinton for). Federal courts have rule 11, where an attorney can essential