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Mass Law Blog

Intellectual property and business litigation, Massachusetts and nationally
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Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer

News Monitoring Service Based on AP Articles Not Protected by Fair Use

Do you think U.S. copyright law protects the author of this news snippet from copying? - Job seekers can roll the dice to land work at another of the four casinos coming soon to Ohio. Hollywood Casino Toledo has posted more than 600 job listings on its website this week. . . . restaurant workers, slots and table games supervisors, groundskeepers and security officers. The casino is scheduled to open in the spring with . . . How about this one? - The military intelligence complex an hour...

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Supreme Court First-Sale Ruling Favors Gray Market Importers of Copyrighted Works, But Is Likely Only One Round in an Ongoing Battle Over the Right to Exclude Imported Works

Supreme Court First-Sale Ruling Favors Gray Market Importers of Copyrighted Works, But Is Likely Only One Round in an Ongoing Battle Over the Right to Exclude Imported Works

Last week I published a post on the lawsuit challenging the "first-sale" doctrine in the context of digital files. On Tuesday the Supreme Court issued a decision holding that the first-sale doctrine applies to copies of copyrighted works lawfully made abroad. To understand the facts of this case picture this scenario. You are a student in Thailand, and you use English-language textbooks in your studies there. You see that the textbooks are not pirated copies—they are legal copies, authorized...

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Copyright, Redigi and the Star Trek Transporter

Copyright, Redigi and the Star Trek Transporter

Last week's New York Times article on digital resales, Imagining a Swap Meet for E-Books and Music, is a reminder that U.S. District Court Judge Richard Sullivan's decision on the pending cross-motions for summary judgment in Capitol v. Redigi can be expected quite soon. The motions were argued on October 5, 2012 (transcript), and six months is a fairly long time for a judge to decide motions of this sort. (For my earlier blog post on this case see Redigi Case Poses A Novel Copyright Question...

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Apple v. Samsung: One Angry Man?

Juror #8: It's always difficult to keep personal prejudice out of a thing like this. And wherever you run into it, prejudice always obscures the truth. 12 Angry Men In this business you got fifty ways you're gonna screw up. If you think of twenty-five of them, then you're a genius... and you ain't no genius. Body Heat ("G"-rated version of quote from the movie) ____________________ If you've noticed a lawyer with a paranoid, haunted look, and you're wondering why, the answer may be that the...

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This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer