Aereo to the Sun: Making Sense of the Supreme Court's Decision

Aereo to the Sun: Making Sense of the Supreme Court’s Decision So the Supreme Court handed down its decision in American Broadcasting Cos. v. Aereo, Inc. on the first day of my vacation because, of course it did. It was building up to be perhaps the most significant...

Swatch v Bloomberg Answer

Answer: YES, FAIR USE!   NOTE: If you haven’t read the question, you might want to click here. In The Swatch Group Mgmt. Servs. Ltd. v. Bloomberg LP, the Second Circuit Court of Appeals held that Bloomberg’s use of a recording of Swatch’s earnings call was fair...

Cariou v. Prince on Appeal

Reversed! If you came here from elsewhere and want to play Is It Fair Use?, stop reading and click here. After all that build up, I’m sure you weren’t surprised. Read the whole opinion here. The Second Circuit made three salient legal points: To be...

Shoot that Poison Aereo to My Heart!

Free-Riding on a Dream By coincidence, the SDNY’s rejection of ReDigi’s business model happened at almost the same time as the Second Circuit’s seeming affirmation of Aereo’s business model. This coincidence led to...

Jersey Boys Case: Answer

Fair Use! Click here to read the problem. The Ninth Circuit regarded this as a very easy case (read it for yourself). Immediately after the bit about how fair use cases often drop us into the “metaphysics of law,” the Ninth Circuit adds:...

Nostalgia Predominates: Bouchat v. EA

No Fair Use! If you got here some other way and wish to play Is it Fair Use?, go read the problem first! The court agreed with Bouchat that the nostalgia value outweighed the historical value. If you think about, the two often go hand in hand*. The stadium displays...