Authors Guild v. HathiTrust

We submitted an amicus brief on behalf of the Electronic Frontier Foundation in support of the HathiTrust “mass digitization” project. HathiTrust, backed by a consortium of university libraries and Google, has digitized millions of copyrighted books and incorporated them into a database without the consent of copyright owners. The brief addressed whether changing a work from print form to a digital database in order to add new uses counts as “transformative” under copyright fair use factor 1. In June 2014, the Second Circuit affirmed the district court’s decision that HathiTrust Digital Library’s use of the copyrighted works for full-text search constitutes a “fair use.” The court also affirmed the district court’s ruling that fair use allows the libraries to provide the works in formats accessible to the print-disabled.

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51 Farella Lawyers Listed in The Best Lawyers in America© 2022 and Best Lawyers: Ones to Watch

Forty-six Farella Braun + Martel lawyers were selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America © .  Five Farella lawyers were named to Best Lawyers: Ones to...

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Farella Braun + Martel Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars

Thirty-seven Farella Braun + Martel lawyers were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2021. 2021 Farella Northern California Super Lawyers: George Argyris – Estate...

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IP Law up for Best Supporting Role in the COVID-19 Relief Spending Bill and Other New Legislation

The new, more than 5,000-page spending bill (formally known as The Consolidated Appropriations Act), which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on...

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Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation focused around the intellectual...

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How I Made Partner: 'I Started Bringing in Cases That Generated Work for Me and for Others at the Firm,' Says Winston Liaw of Farella Braun + Martel

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Four Farella Intellectual Property Partners Named 2021 IP Stars; Firm Recommended for Patent Litigation

Farella Braun + Martel’s James L. Day , Jeffrey M. Fisher , Eugene Mar , and Stephanie P. Skaff  have been named IP Stars by Managing Intellectual Property in its 2021 guide to the...

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SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways

Eugene Mar and Erik Olson discuss "SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways." After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of...

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Tips For Banks As USAA Check Deposit Patent Dispute Grows

In January 2020, we wrote a  Law360 guest article  that highlighted some of the risks that followed Wells Fargo Bank NA's strategy in its patent dispute with the United Services Automobile Association over remote deposit check imaging technology. Nearly...

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Douglas Young Receives 2021 Judge Learned Hand Award From AJC San Francisco

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No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

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