Oral Arguments heard in Georgia State Appeal

Oral arguments were heard by the 11th Circuit CourtGeorgia%20State%20University%20logo%20315_304 of Appeals on November 20th – with both sides getting pelted with questions they didn’t expect – Plaintiff’s lawyers were told to save the claptrap about how civic minded their clients were and get to the point (I see that as a good sign). Kevin Smith of Duke University thought the day went poorly for GSU especially with respect to the Appeals Court seeming to be skeptical of the 10% bright line that Judge Evans seemed to establish in the case – this was of concern to me from the start as Fair Use has always been context based and flexible – taking away that flexibility (and ability to argue the facts of the situation) would be a terrible result. It appear the Appeals Court may remand for more fact finding – I certainly hope we get some clarification on the 10% standard. Read more here from Smith’s analysis here and watch the post argument panel video of attorneys that gathered at GSU after the arguments here.

More fallout from Wikileaks Trans-Pacific Partnership document leak

Corporate content interests are scrambling to get their talking points coordinated to explain and defend their secret back room deals and negotiating that have been an issue that everyone knew was going on (but now confirmed with the recent leak of documents). Read more hereTsunami300 from Tech Dirt.

WordPress sues over false copyright claim and abuse of DMCA Take Down Notices

ImageWordPress and Retraction Watch, a WordPress based blog reporting news on retractions of academic articles, have filed a lawsuit against what they allege to be baseless DMCA Take Down Notices file with the intent to censor news and opinions reported on the site. Read more here including a link to the complaint from the Retraction Watch site