Prof. Patry on Arista v. Flea World in which a flea market is liable as intermediary. Case is significant as post-Grokster.
Copyright
Parker v. Google: Transitory Copy Doctrine In Transition?
Google’s caching procedure upheld. Decision here.
Prof. Patry’s commentary ends on the hopeful (to some) note that courts may be moving away from the MAI v. Peak transitory copy doctrine.
This Blog Covered By A Creative Commons License Enforceable In The Netherlands

This blog is published under a Creative Commons license that allows for non-commercial use. Adam Curry recently sued to enforce his CC license in Amsterdam and prevailed. This appears to be the first time a CC license has been evaluated in a court (if you’re aware of others, please advise).
No comment from Prof.
Calcanis Continues Re YouTube
Jason Calcanis discusses the evolving market for distributing short video content, here in the context of YouTube’s and NBC’s treatment of the Natalie Portman short, first aired on SNL last Saturday night.
Vera Wang In Cyberspace
Counterfeit Chic on virtual couture, inspired by the Oscars.
Question: right of publicity issues?
Copyrightability Of Insurance Policy
Prof Patry on a sufficiently original insurance policy that was protectable under copyright.
This is the second time I’ve used an insurance topic as a pretense to link to the Monty Python skit where Mr. Devious tells the Vicar that unfortunately the Vicar had purchased the ‘NeverPay’ policy where ‘it states quite clearly that no…
The Lion Settles Tonight
Nerdlaw reports settlement in a long-running dispute over ‘The Lion Sleeps Tonight.’ A weema way a weema way.
Free Sampling As Entrapment
Discourse.net: agreed, this story is funny and tragic.
Protection of Scent in the Netherlands
Wouter Pors, friend of the blog from Bird & Bird from its Amersterdam office, read our post regarding the protection of scent in France, and writes to inform me that I am sadly behind the times: the Netherlands granted protection to scent two years ago in Lancome v. Kecofa.
English decision in Lancome here.
‘Man-Child In The Promised Land’

NY TImes: ‘Man-Child In The Promised Land’: David Johnston has a bi-polar disrder. He is in his 40’s and lives with his parents in Texas. He composes music and creates drawings, mostly with magic markers. His work is popular and has a show in Chelsea coming up. His father buys most of his art…