Saturday Linkroll: Getting Started

By Jonathan Bailey • Dec 8th, 2007 • Category: Articles, Linkblog

The response to last week’s conversation about linkblogging was nothing extremely one sided. Everyone, it seems, was in favor of the idea.

So, beginning this week, every Saturday I am posting a collection of links that I have gathered over the past seven days. Please bear in mind that this is a “raw” linkblog. This is the links as I find them and the specific links may change before I create my show notes for the Copyright 2.0 Show, others will be eliminated and there may be some duplicate stories as told on different sites.

Let me know what you think and how I can make this feature more useful in the future!


Short URL to this Post: http://copybyte.com/z/nt

Jonathan Bailey is The Webmaster and author of Plagiarism Today, which he founded in 2005 as a way to help Webmasters going through content theft problems get accurate information and stay up to date on the rapidly-changing field. He is also a consultant to Webmasters and companies to help them devise practical content protection strategies and develop good copyright policies.
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  • Vickie: Thanks for stopping by and for the clarifications! I'm glad you like the linkblog feature.

    The shifting of the burden of proof on the fair use issue is not a surprise. That would seem to bring it more in line with other case law I have read. It has always been my understanding that fair use is an affirmative defense, one that has to be proved.

    Still, given Perfect 10's recent history in the courts, I am stunned to see them win, well, anything. Still, it is an interesting case and one well worth following for bloggers. After all, any fair use issue directly applies to posting works on the Web.
  • As Eric Goldman notes in his Technology and Marketing Law Blog,we need to keep two things in mind when reading the "new" Perfect 10 decision.

    First, as John Ottaviani noted in Eric's blog when the case originally came down here

    http://blog.ericgoldman.org/archives/2006/02/mo...

    this case was decided on an application for a preliminary injunction. The ruling therefore expresses the Court's legal view based upon an incomplete factual record. In other words, it is not the last word but the first indication of the Court's inclinations on the factual-legal issues addressed.

    Second, the "new" opinion apparently changes ONLY the burden of proof on the 'fair use' defense in preliminary injunction hearings.

    As Eric noted in this posting -- 9th Circuit does 180 on fair use burden here

    http://blog.ericgoldman.org/archives/2007/12/pe... --

    "in the original Ninth Circuit Perfect 10 v. Amazon ruling, the court put the burden on the plaintiff to disprove fair use as part of its P[reliminary]
    I[njunction] obligations. Now, in an amended opinion, the Ninth Circuit has put the burden on the defendant to establish fair use to defeat
    the P[reliminary] I[njunction]."

    Eric writes that the opinion has not changed in any other way. Because I trust Eric and haven't done a paragraph by paragraph analysis myself, I am assuming he is right.

    I hopee that clears up any confusion inadvertently caused by my post cited here on Perfect 10.

    And hey! Thanks for the weekly link list. It's a great idea & very helpful.

    Best, Vickie Pynchon
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